Operations in which only members of the employer’s "immediate family" are employed will continue to be exempt from the Act. Immediate family is defined as the spouse of the employer or a parent, grandparent, child, brother or sister of the employer or the employer’s spouse.

For purposes of the Act, a "commercial hog operation" is defined as an undertaking that employs six or more "full-time equivalent" workers and is engaged in the breeding, farrowing, weaning or finishing or porcine animals.

For employers who have been in operation for more than one year, "full-time equivalent" is calculated by dividing the total number of hours worked by all employees in the previous calendar year (including the hours associated with paid annual vacations and public holidays) by 2,080.

For employers who have been in operation for more than 13 weeks but less than one year please call the Labour Standards Branch at 1-800-667-1783.

3. What are the modifications for commercial hog barn workers?

The modifications are with respect to overtime and hours of work; and public holidays. These are explained below:

A. Overtime and Hours of Work

Normally employees get overtime if they work more than 8 hours in one day and/or 40 hours in one week. The amending regulations allow employees of commercial hog operations to work a maximum of 10 hours per day or 80 hours over a two-week period before overtime is payable. If overtime applies, it is paid at the rate of time and one-half of the employee’s regular pay.

A public holiday reduces the 80 hour standard by eight hours for each public holiday that occurs in the period. Time worked on the public holiday is not counted when determining whether overtime is payable.

Alternately, hog barn operators may, like any other employer, apply to the Director of Labour Standards for an authorization allowing hours of work to be averaged over a longer number of weeks or over a month. See point #6 under the Overtime section for more information.

Section 12 of the Act, which limits the hours an employee is required to work or be at the disposal of the employer to 44 hours per week, does not apply to employees of commercial hog operations.

B. Public Holidays

When a public holiday occurs, employees receive public holiday pay for that day plus time and one-half for work done on the public holiday unless the employee elects by written request to receive another day designated by the employer within 12 months of the public holiday. If this occurs the employee would be paid:

• regular wages for time worked on the public holiday plus
  

• public holiday pay for the designated day. The payment for the designated holiday is payable in the pay period during which the designated day occurs or within 14 days of termination, whichever comes first.