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Standard Work Week Exemption Order

The following are exemptions to the standard work week provisions of the Employment Standards Act approved by the Employment Standards Board, pursuant to section 15 of the Act.


1.    (A)    Highway Construction / Maintenance

  (i)  The standard work week for employees engaged in the construction, maintenance, traffic control and snow removal of highways, roads and streets shall be fifty-five (55)hours.


       (B)    Seafood Processing Industry
                           
  (i)    Effective 1 September 2011, The standard work week for employees involved in the procurement, storage and processing for seafood processing operations shall be fifty-five (55) hours

       (C)    Trucking Industry
   
  (i)  The standard work week for truck drivers shall be fifty-five (55) hours.

       (D)    Health Care Industry

  (i)  Effective 1 January 2010, overtime for community care facility employees will be triggered after  ninety-six (96) hours worked in a two-week period.

  (ii) (a) “Homemaker Services” means an organized community care service provided by qualified persons under responsible supervision to care for children when the mother is in hospital or ill or over-burdened at home, to help chronically ill, handicapped or convalescent adults, to give assistance to aged persons still capable of some self-care and to otherwise provide assistance and care in a home environment to persons who are unable to full care for themselves and their dependents.  Without limiting the generality of the foregoing, the service shall assume responsibility for the household management and operation and help to protect and restore individual and family functioning; it shall serve to prevent the placement of children and adults away from their home.
       (b) “Day” means a period of twenty-four (24) consecutive hours from the commencement of an assignment.
       (c) “Overtime Rate” means a rate of pay at not less than one and one-half (1½) times the wage of an employee.

  (iii)  The work and service to be performed by the Homemaker shall be in accordance with the regular duties and responsibilities established and specified by the Employer.

  (iv)  This clause applies to the Employer and Homemakers engaged in a twenty-four (24) hour live-in basis who are governed by the following:

       (a) The rate of pay shall be for eight (8) hours at not less than the minimum wage.
       (b) The Homemaker shall be granted a period of at least eight (8) hours to sleep but shall be available at any time in case of emergency.
       (c) In addition to the eight (8) hours of sleep provided in subsection (b), the employee shall be granted four (4) hours of rest each day but shall be available at any time in case of emergency.
       (d) No deduction shall be made for board and lodging by the employer.

  (v)  This clause applies to the Employer and Homemaker who are engaged on a day-to-day basis, excluding the twenty-four (24) hour live-in assignments.

       (a) In every twelve (12) hour period a homemaker must receive at least eight (8) hours pay at not less than the minimum wage.
       (b) Overtime shall be paid at the overtime rate for hours of work in excess of twelve (12) in any day and sixty (60) in any week.
       (c) No deduction shall be made for board and lodging by the employer.

2.    Date of Order: 1 March 2012
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