Minimum wage vs commissiom
3/5/2016 at 2:02 PM
It has come to my attention that there are employers out there in the hair styling industry, both salon and schools apparently who appear to be ignorant of, or in defiance of Manitoba Labour laws.
There are places hiring apprentices or licensed stylist and paying ONLY commission regardless of how many hours are being worked or how much the paycheck is.
If you require an employee to attend for a fixed number of hours or shifts you MUST guarantee that they earn at LEAST minimum wage for each pay period or each 40 hours worked. In the case of registered hairstylist apprentices the minimum wage is 1st. year apprentice minimum wage ($11.00) hr + 10% or $12.10 an hour and for 2nd year apprentice 13.20 hr.
To pay less that that is illegal period. A salon owner or school owner cannot offer employment at straight commission if they have fixed shifts and hours and the weekly pay per hour is less than minimum wage. Here is a link
http://www.gov.mb.ca/labour/standards/docminimum-wagefactsheet.html#q175 and a quote from the site:
Must everyone earn at least minimum wage?
Yes. All employees must receive minimum wage unless they are not covered by provincial employment standards or are excluded from the legislation. Some groups of employees who are excluded from minimum wage are:
•Domestic workers who work less than 12 hours a week
•In an approved provincial or federal training program
•Election officials, enumerators and any other temporary person appointed under The Elections Act.
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Does minimum wage apply in construction?
The minimum wage applies in residential construction and building maintenance. There are separate minimum wage rules for the heavy construction sector and the industrial, commercial and institutional (ICI) sectors of the construction industry. More information on the construction industry can be found on these pages: Construction Industry, Heavy Wage Schedule and ICI Wage Schedule.
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Does minimum wage apply to students and part-time employees?
The minimum wage applies equally to all employees regardless of age or the number of hours they work. There are restrictions on the type of work people under 18 years of age can do. See the Young Employees page for more information.
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Does minimum wage apply to employees paid by incentive?
Yes. Employees who are paid incentives, like commission salespeople or flat rate mechanics, must earn at least minimum wage in each pay period. Employers must top up or add wages when an employee has not earned at least minimum wage in each pay period.
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Are employees, who are paid minimum wage, entitled to overtime?
Employees who work overtime are entitled to be paid at 1 ½ times their regular wages for all overtime hours worked. More information on calculating overtime can be found on the Overtime page.
If you of any person being taken advantage of like this please direct them to this site, thank you