Surf and Turf
Surf and Turf
Employment Standards
for
Employees and Employers in theRestaurant/Hospitality Industry
Under the Employment Standards Code, both employers and employees have certain rights and responsibilities in the
workplace.
• An employee is expected to perform the job duties and meet or exceed the expectations of their employer.
• An employer must comply with the rules established in Alberta’s Employment Standards Code.
Together with the Alberta and Canadian Restaurant and Food Services Associations, the following information has been
prepared to help employees and employers understand employment standards issues that apply to the restaurant and
hospitality industry.
Minimum Wage
1. What is Alberta’s minimum wage?
The minimum wage for all employees, including students
under the age of 18, is $7.00 per hour.
Statement of Earnings
2. Does an employer have to provide employees
with an explanation of their pay cheque?
Yes. When employees receive their pay cheque they must
receive a statement showing their hours of work and rate
of pay for both regular and overtime hours as well as any
deductions from earnings and payments for vacation or
statutory (general) holiday pay.
Payment of Wages
3. What payment must employees receive when
they report to work as scheduled or as requested
and there is no work available or work is provided
for only a short period?
Employees must receive an amount which is at least equal
to 3 hours pay at minimum wage. Currently this amounts
to $21.00 (3 hours x $7.00 per hour).
Example:
1.5 hours worked times the employee’s regular rate of
$10/hour = $15. The $15 payment is less than $21.00.
Therefore, the employee must receive at least $21.00 for
this time worked.
4. If an employee asks to leave work after
working for less than 3 hours, are they entitled to
be paid the equivalent of 3 hours at minimum
wage?
No. The employee is only entitled to wages for the hours
actually worked and the 3 hour minimum requirement does
not apply. The employer must be able to demonstrate,
however, that the employee voluntarily chose to make the
request. A good practice is to have the employee initial the
time sheet to verify that leaving early was at the employee’s
request.
Example 1:
After 2 hours, an employee asks to leave to attend a parentteacher
meeting. The employee is entitled to be paid for the
2 hours only.
Example 2:
A waiter reports to work as scheduled. The employee is
given the choice of alternative work at their usual rate of
pay or going home. If the employee chooses to go home,
no pay is due as no work was performed.
5. If an employee is only available to work for a
period of less than 3 hours, what must they be
paid?
The employee must be paid for the actual hours worked.
The three hour minimum requirement does not apply.
Example:
A student is only available for 2 hours of work. The
employee is entitled to be paid only for the 2 hours.
6. Is payment required if an employee reports to
a work site as scheduled and there is no work but
the employee is required to remain on the site
ready for work?
Yes. An employee is considered to be working from the
time their shift was scheduled to begin and must be paid
from that time on.
7. Is an employee entitled to be paid for work
performed before or after their shift for duties
such as clean-up, getting their float, reviewing the
menu, cashing out or making bank deposits?
Yes. These duties are work and are to be paid at regular or
overtime rates, as appropriate.
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(Payment of Wages Cont.)
8. Must employees be paid when they are being
trained for their job?
An employee must be paid when they work or perform a
service for their employer. Once hired, employees receiving
training are performing a service for the employer and are
entitled to be paid for all hours worked.
If training is provided or required before hiring, the
prospective employee is not required to be paid for this
time. However, the employer must be able to demonstrate
the employee is not working or providing a service to the
employer.
Note: “Job Shadowing” before an employee has been hired
does not have to be paid time as long as the employee is not
performing the services done by established employees.
Tips
9. Are tips wages?
No, tips are not considered wages and are not covered
under the Employment Standards Code. Each work place
decides how tips are to be handled among employees.
Deductions From Earnings
10. What deductions can an employer make from
an employee’s earnings?
Deductions required or permitted by law or order of a
court, including deductions for CPP, EI, income tax,
garnishees or court judgements, can be made from earnings
without the employee’s permission or approval.
All
other deductions must be personally authorized inwriting by the employee, or by a collective agreement that
applies to the employee.
11. Can an employer deduct from an employee’s
earnings if there are cash shortages or lost
property and the employee was the only one to
have access to the cash or property?
Yes, but only if the employee had sole access to the cash or
property and the employer obtained written permission
from the employee to deduct for specific cash shortages or
property. The authorization must state the date and dollar
amount of the shortage. The employee must be allowed to
count the float at the start of the shift and be present during
the cash-out to verify the shortage.
12. Can an employer deduct an amount for cash
shortages or lost property if more than one
individual has access to the cash or property?
No. A deduction cannot be made and an employee cannot
authorize a deduction under these circumstances.
13. Can an employer require an employee to
supply a “float” with their own money?
No. An employer can not require an employee to supply
their own float. However, an employee can voluntarily use
their own money.
14. Can a deduction be made from an employee’s
earnings for unpaid customer bills (i.e. dine and
dash), dish breakage or other types of faulty
workmanship?
No.
15. Can an employer make a deduction for a
uniform or other work clothes that the employee is
required to wear during working hours?
Yes, but the deduction can only be made with the written
approval of the employee.
A deduction for a uniform cannot be higher than the
employer’s actual cost of the uniform.
16. Are there other restrictions on uniforms and
deductions for uniforms?
Yes. Deductions made from an employee’s wages cannot
reduce the employee’s earnings below the minimum wage.
Therefore, if the employee is earning minimum wage, no
deduction can be made.
When the employee has paid for the uniform, it becomes
their property and the employer cannot require the uniform
to be returned without compensating the employee.
When the employer has paid for the uniform it remains
their property and the employer is entitled to the return of
the uniform when employment ends.
17. Where a deduction from an employee’s
earnings is not permitted, can an employer require
the employee to make the payment in cash or by
other means?
No. Where a deduction cannot be made directly, it can not
be made indirectly.
Meetings
18. Must an employee be paid for attending a
meeting?
Yes. An employee must be paid:
• if attendance at the meeting is mandatory and the
employee attends, or
• if attendance at the meeting is optional but the meeting
is directly related to the employee’s work or the employer’s
business and the employee attends.
The employee must be paid the wage rate agreed to for
meetings which must be at least minimum wage. If
overtime is applicable, it must be paid.
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Work Breaks
19. Must an employee be paid for a rest period?
No, as long as the employee is not doing any work.
20. Must an employer provide lunch or coffee
breaks?
An employer must allow an employee at least one half hour
of rest time, either paid or unpaid, during each shift that is
longer than 5 consecutive hours. The break does not need
to be continuous and could consist of 2 fifteen minute
breaks.
Note:
There are some situations when an employer neednot provide a break, including when an accident occurs or
urgent work is necessary.
21. What is a split-shift and what rules apply?
A split-shift occurs when the employee’s workday consists
of two or more separate periods of work. The split-shift,
including all breaks, must be confined within a period of
12 consecutive hours in any work day. For each split-shift
an employee is entitled to be paid for the hours worked at
their applicable wage rate, or at least 3 hours pay at
minimum wage, whichever is greater.
Example:
An employee is scheduled to work from 11:30 a.m. to
2:00 p.m. (21/2 hours) and from 5:00 p.m. to 7:00 p.m.
(2 hours). This creates a split-shift and the employee must
be paid for the hours worked during each shift at their
applicable rate or 3 hours at minimum wage, whichever
is greater.
Note:
If an employee asks or can only work for less than 3consecutive hours, the employer can pay only for the actual
hours worked.
22. Do meal or coffee breaks create a splitshift?
No, a split-shift is not created if the meal break is one hour
or less or if the break is a legitimate coffee break.
Example:
The employee works from 6:00 a.m. to 2:00 p.m., takes
coffee breaks from 8:00 - 8:15 a.m. and 1:30 - 1:45 p.m.,
and a meal break from 10:30 - 11:30 a.m. No split-shift is
created.
Example:
The employee works from 6:00 a.m. to 2:00 p.m. and takes
a meal break from 10:00 - 11:30 a.m. (11/2 hours). A
split-shift is created. The coffee breaks cannot be added to
the meal breaks, unless an employee asks for a longer break
and the employer agrees to it.
Work Schedules
23. Must an employee be informed of their work
schedule?
Yes, an employee must know when work starts and work
ends.
Note:
It is acceptable, where the circumstances require, toschedule an employee to work “from 6 p.m. to the close of
business”.
24. How must an employee be advised of their
work schedule?
The employer must post the work schedule where it can be
seen by the employees or by other ways that are appropriate
to the work place.
Example:
Giving employees a copy of the work schedule may be one
of the ways to inform staff.
For more information on general holiday pay, vacation pay,
termination pay, maternity or adoption benefits and any
other additional information, contact:
Employment Standards information at 427-3731.
If you are outside of Edmonton, it is toll free call by
dialing 310-0000 first.
Or visit us at the Employment Standards website at:
http://www.gov.ab.ca/hre/employmentstandards
Employment Standards now has an automated fax back
system. This system allows you, wherever you are in
Alberta, to have information faxed by simply entering your
fax number. Please note that only employment standards
information is available to you by this means. To access
the fax back system, call 427-3731 and press 6. If outside
of Edmonton, dial 310-0000 first.
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