Decoding Pay Transparency Laws, Gig Worker Wage: Vancouver Employment Lawyer on CKNW

Interview Summary

A number of laws that will impact the gig economy and traditional workplaces are to come into effect in British Columbia. Along with pay transparency for all employees, proposals for a minimum wage for gig workers were also announced. What will these changes mean for employees? How can the provincial government ensure employers are held to new standards?

Dan Balkaran, a Vancouver employment lawyer and Associate at Samfiru Tumarkin LLP spoke to Mike Smyth on 980 CKNW to answer these questions and more on employee rights and employer obligations.

Interview Notes

• Pay transparency laws in B.C.: In British Columbia, there is now legislation that requires employers to disclose pay ranges in job advertisements. This legislation is not specific to individuals in order to prevent conflict in the workplace. There are currently no penalties or enforcement measures to ensure employers are meeting new pay disclosure standards.
• Purpose of pay transparency: The provincial government aims to ensure there is less discrimination in wages. This legislation does not have enforcement mechanisms and so seems to ask for voluntary involvement.
• Options for employees: Employees are within their rights to file a human rights complaint if they have determined their employer has implemented discriminatory wage practices. Compensation for human rights complaints might not be substantial.
• Minimum wage for gig workers: The new legislation for minimum wage for delivery drivers does not apply to the time spent waiting between deliveries. While an increase in basic wages is beneficial, there could be increased pressure on businesses if drivers are compensated for both deliveries and time spent waiting for orders.
• Preventing drivers from taking advantage: It would be difficult to prevent individuals from taking advantage of the system if delivery drivers were able to open an app and simply charge for their time despite not fulfilling deliveries.
• Contract worker rights: There are a series of factors that determine whether or not a worker is an employee or an independent contractor. Many individuals are incorrectly classified as independent contractors despite the lack of control they have over their own workday.