Script 273 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia.

This script explains the rules for farm worker wages (or pay), including minimum wages, how often wages must be paid, overtime pay, farm labour contractors, and payroll records. The Employment Standards Act controls all these things for farm workers who are not in a union. The Act also deals with public holidays (also called statutory holidays), vacation pay, and what to do if your employer doesn’t follow the rules. For that information, refer to script 274, called “Farm Workers’ Rights”.

Who is a farm worker?
A farm worker is a person who works in a farming, ranching, orchard, or agricultural operation. If you are hired to help grow or pick crops, cultivate land, or raise animals, you are a farm worker. You are also a farm worker if you clean, size, grade, box, or package fruits, vegetables, or other crops. But you are not a farm worker if you process food products, breed pets, work in forestry, aquaculture, or in a retail nursery, or work as a landscape gardener.

What is the minimum wage for farm workers?
The BC government sets the minimum wage for farm workers, who can be paid by the hour (or salary or commission) or by the piece, as described next.

1. If you’re paid by the hour, or by salary or commission
The minimum hourly wage in August 2011 is $8.75. This will increase to $9.50 on November 1, 2011 and to $10.25 on May 1, 2012.

2. If you're paid by the piece
The minimum rate for picking certain fruit or vegetables by hand is set by the BC government and depends on the crop. For example, the minimum rate is different for a pound of raspberries than for a pound of beans. A bin of apples and a bin of grapes have different rates.

Both the minimum hourly wage and piecework rates change occasionally – the Employment Standards Branch website lists them at www.labour.gov.bc.ca/esb. Click on “Factsheets - Information on Common Topics” and then on “Farm Workers”.

Vacation pay and statutory holiday pay
Farm workers paid by the piece are not entitled to vacation pay since this is included in your piece rate (except not for daffodils). But if you are paid by the hour or by a salary, you are entitled to vacation pay (an extra 4% or 6% or your earnings depending on how long you have been employed) and vacation leave. Regardless of how you are paid, farm workers are not entitled to statutory holiday pay.

Are children paid less?
No. The minimum wage is the same for everyone, regardless of age. Currently, children 12 to 14 years old can work only if they get written consent from their parent or guardian. Children under 12 can work only if they get permission from the Director of Employment Standards.

How often, how, and when must you be paid?
An employer must pay you at least twice a month. A pay period cannot be longer than 16 days. An employer must pay 80% of all wages you earn in the first pay period within 8 days of the end of that pay period. They must pay all wages you earn in the first month (minus the wages paid in the first pay period) within 8 days of the end of the second pay period. Employers cannot wait until the end of the season to pay you.

If you work for a farm labour contractor, the contractor must pay you by direct deposit to your account at a bank, trust company, or credit union.

If an employer fires you or lays you off, the employer must pay you all wages owing within 48 hours of letting you go. If you quit, the employer must pay you all wages owing within 6 days of when you quit.

Do you get overtime pay?
No, farm workers do not get overtime pay. The law does not set a maximum number of hours that farm workers can work, but it does say that an employer cannot let an employee work excessive hours or hours that could harm their health or safety.

Do you get minimum daily pay?
No, the law on minimum daily pay does not apply to farm workers. You are paid only for the time you work – so if you work only one hour in a day, that’s all you are paid for.

If you work for a farm labour contractor
If a farm labour contractor hires you, the contractor – not the farmer – is your employer. Farm labour contractors must have a licence from the BC government and follow certain rules. They must deposit money with the government to ensure that they will follow the rules. This deposit can be used to pay farm workers hired by a contractor who does not pay them – even though the farmer paid the contractor.

Vehicle safety notice
All vehicles used by farm labour contractors to transport farm workers to a job site must have a vehicle safety notice posted in them. The notice says that all passengers must be seated, and in vehicles requiring seatbelts, every passenger must wear a seatbelt.

Can a contractor charge you for gas, travel costs, or HST, or deduct money from your wages for hiring you or finding you work?
No, farm labour contractors cannot do any of these things. As well, contractors must clearly display information on wages in two places – where the work is done and on all trucks and vehicles used to carry workers. If you are paid by the piece, the contractor must put up notices showing the volume of the bins or picking containers, the volume or weight of crop needed to fill the bin, and the piece rate for each crop.

Payroll records
Your employer must keep a written record of payroll information about your job. The record must be in English and kept at the employer’s principal place of business for 2 years after your employment ends.

The payroll record must include all the following information:

1. Your name, address, telephone number, date of birth, and occupation.
2. The date your employment began.
3. Your wage rate, no matter how you are paid (hourly, piece rate, salary, flat rate, commission or other incentive pay).
4. The hours you worked each day.
5. The benefits paid to you.
6. Your gross and net wages.
7. The amount and purpose of any deductions from your pay.
8. The dates of any vacation you take, the amounts you are paid, and any vacation days and amounts owed to you.

Your employer must also give you a written wage statement every payday showing items 3, 4, 6 and 7 of the payroll information, plus the following 3 things:

• The employer’s name and address.
• How your earnings are calculated, if you’re not paid by the hour or salary.
• Any money, allowance, or other payment you’re entitled to.

Keep your own records of the hours you work and the wages you get. If you think you were not paid enough, your own records will help prove the hours you worked and wages you got.

For more information
Check script 274, called “Farm Workers’ Rights”, for information on:

• Public holidays
• Vacation pay
• Complaints against an employer
• Workers’ compensation
• Employment insurance
• Canada Pension Plan disability benefits
• Sexual harassment and discrimination at work

Also, see the fact sheet on the BC Government Employment Standards Branch website at www.labour.gov.bc.ca/esb/facshts/farm_worker.htm. Or phone the Branch at 1.800.663.3316 or 250.612.4100 in the Prince George area. You can also find the location of the nearest Branch office at www.labour.gov.bc.ca/esb.

[updated August 2011]

Dial-A-Law© is a library of legal information that is available:

• by phone, as recorded scripts, and
• by audio and text, on the CBA BC Branch website.

To access Dial-A-Law, call 604.687.4680 in the lower mainland or 1.800.565.5297 elsewhere in BC. Dial-A-Law is available online at www.cba.org/bc in Public & Media.

The Dial-A-Law library is prepared by lawyers and gives practical information on many areas of law in British Columbia. Dial-A-Law is funded by the Law Foundation of British Columbia and sponsored by the Canadian Bar Association, British Columbia Branch.

© Copyright 1983-2011 The Canadian Bar Association, British Columbia Branch