Employer not paying minimum wage
I am not being paid minimum wage despite the new law. Who should I contact?
Auntie’s answer: You are certainly right that a minimum wage is a new part of the Labour Law, having come into effect 1 March. The official minimum wage is now $6 per hour, though it could be as low as $4.50 if other things come into play, such as gratuities or benefits.
The idea of a minimum wage has been circulating for years and this particular change has been in the works for at least two years, with public consultations and debates in the Legislative Assembly part of the process.
The reason I am supplying that brief bit of history on the National Minimum Basic Wage order is that you would have had to be living in a closet or never read the news or never listened to the radio over this time not to know that employers are now legally bound to pay their workers $6 per hour.
Here is the most recent news update on the minimum wage order: Cabinet rubber stamps minimum wage
So, clearly your employer must somehow think this new law does not apply to him or her. Or perhaps, your boss doesn’t care and is banking on the fact that, generally speaking, in the past, many times even the most egregiously non-compliant employers for such legally mandated employee benefits like health insurance and pension have managed to avoid prosecution for their misconduct.
We can only hope that this time the legal system will do its job, as it were, in ensuring all employers comply with the law. So, in the spirit of maintaining optimism, you can call the Department of Labour and Pension (945-8560) for more information about this part of the law and to file a complaint. If you would prefer to remain anonymous, the department has set up a confidential tip line (945-3073) for employees to report employers who are not paying the minimum wage or not complying with any other aspects of the Labour Law.
I strongly encourage you to contact the Labour Department to report your employer and wish you luck in getting your dispute settled.
Category: Ask Auntie
This is a new law and like the old ones unfortunately the Labour Department is unable or unwilling to assist with violations of unpaid wages, vacation, notice pay, etc etc. It all depends on who is violating. Its a discriminatory legislating for the Labour staff.