Employment lawyer on meals, shirts as wages for volunteers: 980 CKNW

Interview Summary

A car dealership has faced a public outcry after advertising for volunteers to work sales events. Instead of wages, the dealership proposed free meals and T-shirts instead of financial compensation. Is this practice legal? What should those willing to volunteer for these advertisements know about their rights?

A Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP joins Mike Smyth on 980 CKNW to answer these questions and more on employee rights.

Interview Notes

• Legality for employers to advertise for volunteers: In most cases, employers are not legally able to ask an individual to perform a duty that an employee normally would, wages must be given. A meal and a T-shirt are not considered wages under the Employment Standards Act. For a sole instance or asking for existing staff to volunteer some extra time, employers’ requests would be considered differently.
• Influence of a labour shortage and businesses asking for volunteers: It is important to note that the fact that employers are asking for volunteers could suggest that the labour market is not as tight as it would seem. Some positions will be harder to hire than others and the requirements for employment. Many employees in lower-wage positions are searching for employment.
• Unpaid internships in British Columbia: In many cases, the internship will depend on the field of work and profession. Certain professions, such as law and or engineering could have exceptions. Generally speaking, unpaid internships are not legal or permissible.
• Frequency of employees seeking adequate severance pay: Employees seeking legal advice are typically doing so as they feel they have been treated unfairly in some capacity. It is important for employees in doubt over their rights to err on the side of caution and pursue legal advice.
• Misclassified as an independent contractor and refused retirement package: Contractor vs. employee relationships are typically very dependent on individual cases. Many employees are incorrectly classified as a contractor. Individuals who are truly independent contractors have many customers and are not beholden to an employer, and can be terminated at any point without an obligation of severance pay.
• Employment Standards branch for severance pay: Employees who feel that they have not been given adequate severance by their former employer should speak to an employment lawyer as the Employment Standards branch can only enforce minimum requirements and not an employee’s full common law entitlements.