![]() ![]() the difference between the hourly rate for employees who receive gratuities or tips and the rate for regular employees. The judge thus allowed the CNESST’s application and ordered the employer to pay it the amount of $4,202.82, i.e. Finally, the judge took the view that the concept of “service” as used in section 50 of the Act must be narrowly construed, such that it cannot apply to busboys and busgirls because customers generally do not give them tips. He stressed that this share is not paid to them directly by customers, and nor could it be considered as being paid by customers indirectly. The judge took the view that a busboy or busgirl does not ordinarily receive tips, but rather a share of them paid to him or her by the wait staff. Thus, to be considered an “employee who receives gratuities or tips” the employee must (i) work in a restaurant, and (ii) ordinarily receive gratuities or tips that are (iii) paid to the employee directly or indirectly by customers, (iv) in exchange for a service 4.īasing his analysis pursuant to this paradigm, the judge concluded that, while busboys and busgirls obviously meet the first criterion, namely working in a restaurant, the other criteria were not met. ![]() In his analysis, the judge examined section 50 of the Act respecting labour standards (the “Act”) as well as the definition of an “employee who receives gratuities or tips” in section 1 of the Regulation, in order to identify four criteria that allow an employee to be characterized as such. It should be noted that the Regulation prescribes a different minimum wage for employees who receive gratuities or tips than that for regular employees, who respectively earn $9.80 and $12.00 per hour and who respectively will earn, as of May 1, 2019, $10.05 and $12.50 per hour.Īt trial 3, Court of Québec Judge Christian Brunelle had to rule on an application made by Quebec’s labour standards board, the Commission des normes, de l’équité, de la santé et de la sécurité au travail (the “CNESST ”) on behalf of seven employees who claimed from their employer the amount of $5,050.58, which essentially represented the difference between the hourly rate they were paid – which was that applicable to employees who receive gratuities or tips – and the regular rate they claimed to be entitled to. The Court allowed the appeal, thereby confirming a longstanding practice in the restaurant industry, which is that busboys and busgirls with whom the wait staff share their tips come within the definition of an “ employee who receives gratuities or tips” in the Regulation respecting labour standards (the “Regulation”). Commission des normes, de l’équité, de la santé et de la sécurité au travail 1, in which it had to decide the following question:ĭo busboys working in the appellant’s restaurant come within the definition in the Regulation respecting labour standards of an “employee who receives gratuities or tips”? 2 Don't hesitate to apply.On April 4, 2019, the Quebec Court of Appeal rendered its judgment in the matter of 2915499 Canada Inc. If you're a passionate self-starter, Example Co. We are seeking to hire an experienced Busser to help us keep growing. We're proud of our 4.3 rating on Glassdoor from our employees. Come work at Example Co., the leader in our field in the tri-county area.
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