The calendar has now changed over to 2015, and with the New Year comes an interesting legal situation for certain employers. Most employees in Canada are paid biweekly. However, years do not divide perfectly into biweekly segments. Once every 13 years, an employee paid on a biweekly basis will receive 27 paycheques, rather than 26 (an “extra paycheque year”).
The Court of Appeal of Quebec recently considered, in the Skiba v. Playground decision, the issue of overtime pay and, in particular, the correct interpretation of sections 54 and 55 of the Act respecting labour standards. In our opinion, this decision will have certain repercussions in the workplace, and we find it useful to review the factual background giving rise to those repercussions, as well as the conclusions of both the Superior Court and the Court of Appeal.
Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.