Interpretation Guidelines Manual
British Columbia Employment Standards Act and Regulations

Employment Standards Regulation - Part 4 - Minimum Wages

Policy Interpretation

Section 16 of the Employment Standards Act requires that employees must be paid at least the minimum wage as set out in the regulations. This section of the Regulation sets out a daily minimum wage which applies specifically to live-in home support workers and live-in camp leaders.

Subsection (1)

As of May 1, 2012, if a “live-in home support worker” works on any day, or part of a day, the employer must pay the minimum daily wage of $102.50 for that day. This is an increase from the rate of $95.00 that was in effect from November 1, 2011 until April 30, 2012.

Example

A live in home support worker is called in for a staff meeting on a day that would otherwise be a day off work. This employee is entitled to the minimum daily rate of $102.50. A work related meeting is considered “work” for purposes of the Act.

Subsection (2)

As of May 1, 2012, if a “live-in camp leader” works for any length of time during a day, the employer must pay the minimum wage of $82.00 for that day. This is an increase from the rate of $76.00 that was in effect from November 1, 2011 until April 30, 2012.

Employees working as a “live-in home support worker” or a “live-in camp leader" are excluded from the hours of work and overtime provisions of the Act under subsections 34(q) and 34(y) of this Regulation.

ESA
• s.16, Employers required to pay minimum wage
• Part 4 – Hours of work and overtime

ESR
• s.15, Minimum hourly wage
• s.17, Minimum wage – resident caretakers
• s. 18, Minimum wage – farm workers
• s. 18.1, Minimum wage – liquor servers
• ss.34(q) and (y) – Exclusions from hours of work and overtime requirements