Information Bulletin LSA - 11

1.01 Introduction  This Bulletin contains information about The Labour Standards Act and Regulations that apply to employees of commercial hog operations engaged in farm work (hereinafter called “hog barn workers”).

This is a general guide only and should not be considered a substitute for the legislation.  The Act and its regulations should be consulted for all purposes of interpretation and application of the law.

1.02 Hog Barn Workers covered by the Act  Effective September 1, 2002 hog barn workers employed by commercial hog operations, which employ the full-time equivalent of six or more workers, will be covered by all sections of The Labour Standards Act with two specific modifications discussed in paragraphs 1.05 and 1.06 of this Bulletin.

Hog barn workers employed by hog operations with fewer than six full-time equivalent employees will continue to be exempt from the Act if they are employed primarily in farming.

Employees of hog operations in which only members of the employer’s “immediate family” are employed will also continue to be exempt from the Act.

1.03 Definitions

1.  A “commercial hog operation” is defined in the amended regulations as any undertaking that:

• is engaged in the breeding, farrowing, weaning or finishing of porcine animals, including pigs, hogs and swine; and

• in which six or more full-time equivalent employees are employed.

2.  "Full-time equivalent"    The number of full-time equivalent employees employed by a hog operation is calculated in the following manner:

• 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 past 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 "full-time equivalent" is calculated by taking the total number of hours worked by all employees (including the hours associated with paid annual vacations and public holidays) and dividing that by 40 times the number of weeks of operation.

3.  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.

1.04  Benefits under The Labour Standards Act   The benefits that will apply include, but are not limited to:

• minimum wage and minimum call-out pay each time the employee reports for work

• overtime (note paragraph 1.05)

• notice of work schedule for a period of at least one week

• ½ hour unpaid meal breaks within every 5 hours for those employees who work more than 6 hours

• eight consecutive hours of rest in any period of 24 hours

• job protected maternity, parental or adoption leave

• annual holidays and annual holiday pay

• public holidays and public holiday pay

• notice of discharge or lay–off or pay in lieu of notice

• access to the wage complaint resolution process

For more information, see the booklet Rights and Responsibilities for an overall summary of the Labour Standards provisions.  This booklet is also available free of charge by calling 1-800-667-1783.

There are two specific regulations that apply only to employees of commercial hog operations that employ the full-time equivalent of six or more workers.  These are explained in paragraphs 1.05 and 1.06.

1.05 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.  Some variation to this standard is allowed  within certain limitations if an authorization from the Director of Labour Standards is acquired.

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 without getting an authorization .  If overtime applies, it is paid at the rate of time and one-half of the employee’s regular pay. 

If a public holiday occurs during the two-week period, the 80-hour standard is reduced 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.

Hog barn operators may also 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.  The number of hours specified in the permit cannot exceed an average of 40 hours per week.  A daily maximum is also required.

Where an authorization is granted, overtime is payable for hours worked in excess of the daily or weekly maximum specified in the permit.  No authorization is necessary if a trade union represents the employees and the union consents to the averaging of hours.

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, also does not apply to employees of commercial hog operations.

1.06 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.  This remains the requirement unless the following is elected by the employee:

If a public holiday falls on a scheduled day of work of an employee of a “commercial hog operation” and the employee works on that day, the employee may elect by written request to receive another day designated by the employer within 12 months of the public holiday.

If the employee elects to receive another day as the public holiday, 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.

For information on the calculation of public holiday pay see the booklet Rights and Responsibilities and Information Bulletin LSA-4: Calculation of Public Holiday Pay in Some Specific Circumstances (please call 1-800-667-1783).

1.07 Uniform Entitlement Date  For the purpose of the transition to coverage under the Act, commercial hog barn operators may wish to consider adopting a uniform annual holiday entitlement date of August 31.  If this is selected, annual holidays and the pay for those holidays will be based on the 12 month period from September 1 to August 31.  Please contact Labour Standards for more information.

If these changes affect you, a representative from the Department of Labour is available to meet with you to present information and to answer questions about the regulations.  

For more information, please contact:

Glen McRorie
Labour Standards Branch, Saskatoon Office
(306) 933-5087 

Other ways to contact us:

• e-mail the Department of Labour webmaster at:  webmaster@lab.gov.sk.ca

• call the Labour Standards Call Centre at 1-800-667-1783

• call your nearest Labour Standards Branch office:

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