HR and Payroll Legislation Updates
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British Columbia: Cell Phone Use Banned While Driving

The British Columbia provincial government recently amended the Motor Vehicle Act. This amendment, which came into force January 1st, 2010, will prohibit drivers from using cell phones and most other personal electronic devices with display screens while driving a vehicle. Fines and other penalties (loss of points) for violations of the law will be enforced as of February 1, 2010.

This amendment will have the most dramatic effect on businesses with employees who regularly drive as part of their duties, such as outside sales people. Fortunately, the ban does allow for the use of hands-free technology, such as a blue tooth device. Employers should take the following precautions to ensure their employees comply with the new law:

• Provide or make certain that employees who will need to continue to use their cell phone while driving have the appropriate equipment to allow them to do so without running afoul of the new law
• Provide or make certain that employees receive adequate training on the proper use of the hands free technology to ensure they are not distracted by the device while driving
• Implement clear policies that prohibit employees from using a cell phone while driving unless with a hands free device. The policies should unequivocally state that failure to abide by the policy will lead to discipline up to and including termination of employment for cause

Such policies may be utilized by employers as a due diligence defence in the unfortunate situation where an employee has an accident while performing her/his work duties and is found to be violating the ban. A due diligence defence can assist the employer in avoiding or at least reducing any liability as a result of such an accident.

Please note certain devices such as global positioning system devices, are exempt from the ban, as long as the device is programmed before the employee starts to drive.

The ban also does not apply to people driving emergency vehicles such as ambulances, fire department vehicles or police, nor does it apply to drivers using their cell phone to call emergency services.

British Columbia joins Ontario, Quebec, Newfoundland and Labrador and Nova Scotia in banning cell phone use while driving.

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Recent and Upcoming Minimum Wages Changes

Upcoming Change to Ontario’s Minimum Wage:

On March 31, 2010 Ontario’s minimum wage will increase from $9.50 per hour to $10.25 per hour.

Recent and Upcoming changes to Newfoundland and Labrador Minimum Wage:

As of January 1, 2010 Newfoundland and Labrador’s minimum wage increased to $9.50. It is expected that minimum wage will increase to $10.00 in July 2010.

Please note that there are some exceptions to minimum wage requirements in a number of provinces depending on: i) level of experience of employee ii) type of occupation (i.e. whether employee is receiving gratuities as part of their income) and/or iii) age of employee.

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