Email from the Federal Minister of Labour Re: Overtime Pay

Email from the Federal Minister of Labour Re: Overtime Pay

Postby snafu » Fri Aug 15, 2014 6:00 pm

Over-Time Pay for Federally mandated Truck Drivers
From: xxx
Sent: May-30-14 9:10:08 AM
To: cbcnewsvancouver@cbc.ca (cbcnewsvancouver@cbc.ca)
Cc: cbcnewscalgary@cbc.ca (cbcnewscalgary@cbc.ca); cbcnewswinnipeg@cbc.ca (cbcnewswinnipeg@cbc.ca); richardw1@amta.ca (richardw1@amta.ca); tdaniels@sasktrucking.com (tdaniels@sasktrucking.com); info@trucking.mb.ca (info@trucking.mb.ca); jritchie@obac.ca (jritchie@obac.ca); Rolf@todaystrucking.com (rolf@highwaystar.ca)








From: xxxxxxxxxxxxxxx
To: kellie.leitch@parl.gc.ca
Subject: FW: Over time remuneration for long haul/line haul drivers
Date: Fri, 30 May 2014 14:52:18 +0000




Dear Honourable Dr. K. Kellie Leitch,

I understand that my Member of Parliament has conferred with you with regards to an issue of over time pay and recommended changes to the labor code. I have received your comments with respect to this issue and wish to share with you my thoughts and concerns. Firstly, there is nothing in your comments provided that I wasn't already aware of. I have been in touch with numerous federal inspectors and have had detailed conversations regarding the aforementioned. It must be noted that although there is in fact an anonymous process available to drivers who seek remuneration within the current labor code, the details therein lack the necessary assurances when an order has been issued. An order can not be issued without a specific name being divulged. I have had several federal inspectors tell me this. As I understand, the order is court appointed. As it was told to me, an inspector will go in through the anonymous process and request to see employment receipts of random employees. I have been told that at this stage, many employers do not willingly comply with transparency. Federal inspectors are aware of falsified documents presented to the board to show compliance of the aforementioned. So even though the inspector knows they're not complying at this stage, they can't specifically request employment receipts for the employee involved. Also at this stage of the investigation, the inspector is deemed powerless to go further unless the complainant agrees to identify his or herself. If this is not the case, please be aware that federal inspectors in several provinces are misinterpreting the labor code and the powers provided to them. I would hope that you would help to clarify this issue within the current system.

You have said that the labor board conducts 'proactive inspections.' If this is true, why is there a huge pervasive problem with non compliance? If there is proactive inspections, they've not had any tangible effect within my company of employment with years of service. I am aware of many drivers concerning many many carriers across Canada who are not receiving overtime pay. If the labor board conducts proactive inspections, why and how is my employer able to continue to violate federal labor code laws even after many many past complaints against them? I would suggest that the current protocol is broken and non effective.

I have essentially 'blown the whistle' on a problem that is widespread within our industry and I feel as though the Federal Government has turned a blind eye.

Most of these carriers mentioned, my employer included, are participating in the Temporary Foreign Workers Program. Honourable Kellie Leitch, can you please tell me how these companies are allowed to participate within the framework of that program when they're not even complying with the federal labor code laws for Canadian born employees such as myself? One can assume, that if the companies were complying with the current laws, retention and recruiting of Canadian drivers would be effective and sustainable.

I am also aware that your colleagues in Ottawa have recently amended the federal labor code, thereby reducing the liability against employers in matters of remuneration from one year to six months of remuneration, pending an order of payment. This was done with the Governments full knowledge of the current widespread problem within our industry. Is this Government pandering to these corporations, fearing the loss of political contributions? It is becoming abundantly clear that this Government and its agenda, does not conform to the values of the working man of this country.

May I also suggest that the perceived acquiescence of drivers to come forward with an official complaint against their employer, is not rooted in complacency or un-interest, but in fear of reprisal. It is well known within the industry that those who speak up against an employer often get black listed within the industry. Employers collude with each other in topics concerning an employee's history with them. Every Corporate Director, CEO, and all those in knowledge of these violations are all tacitly complicit of wrong doing.

I would hope you would take a closer look at these issues in hopes of seeking a viable solution for all involved.

Thanks for your time and consideration.

Sincerely,

xxxxxxxx







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Date: Fri, 16 May 2014 13:15:49 -0500
Subject: RE: Over time remuneration for long haul/line haul drivers
From:xxxxxxxxx.ca
To: xxxxxx

Hello xxx,
I appreciate you taking the time to share your concerns with me as your Member of Parliament. On your behalf, I have raised these issues with the Honourable Dr. K. Kellie Leitch, Minister of Labour and Status of Women for her consideration and response. Please see below the response provided by her office.
I trust this information is of use to you.
Kind Regards,
xxxxxx, MP

As the Minister of Labour, I am responsible for the Canada Labour Code (the Code), which, under Part III (labour standards), sets minimum employment conditions such as hours of work, payment of wages, general holidays, protected leaves and rights on termination of employment for workers under federal jurisdiction in Canada.
As you may know, labour jurisdiction is divided between federal and provincial governments, depending on the industry in which the work is performed. Interprovincial and international transportation falls under federal jurisdiction. From the information you provided, it appears that your constituent is a driver working for a federally regulated company.
The Code does require employers to pay overtime pay to employees when they work more than the standard hours of work. For drivers, the rules on when overtime pay must be paid are contained in the Motor Vehicle Operators Hours of Work Regulations (MVOHWR).
The MVOHWR recognizes two different classes of drivers: city motor vehicle operators, and highway motor vehicle operators. Due to the differences in the nature of the work performed between city operators and highway operators, the rules for overtime pay are different for each class. City motor vehicle operators are entitled to overtime pay when they work more than 9 hours in a day, or more than 45 hours in a week. Highway motor vehicle operators are entitled to overtime pay when they work over 60 hours in a week.
Should any employee feel that they are not being paid in accordance with the MVHOWR, they should contact the Labour Program to discuss their circumstances by calling toll-free at 1-800-641-4049 or by visiting the following Web site: http://www.hrsdc.gc.ca/eng/labour/co...ntact_us.shtml. Please note that the Labour Program has procedures in place to maintain the confidentiality of a complainant during an investigation.
While it is true that the Labour Program conducts many investigations of individual complaints, it also investigates group complaints and conducts proactive inspections of employers. At the same time, should an inspector find a violation of the Code while investigating an individual complaint they will also seek compliance of the violation when it affects other employees.
I also noted the suggestion that the Code be amended to provide greater powers to confirm compliance once a complaint is brought forward. I can assure you that the Code does confer powers on an inspector to inspect employer records, determine underpayments, and issue payment orders to employers where underpayments are found. Additional information on employer compliance is available by visiting the following Web site: http://www.labour.gc.ca/eng/standard...mpliance.shtml
Thank you again for writing.

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From: xxxxxx
> Sent: March 31, 2014 11:13 AM
> To: xxxxxxx - M.P.
> Subject: Re: Over time remuneration for long haul/line haul drivers
>
> Good morning. Absolutely. xxxxx
>
> -------- Original message --------
>
From: xxxxx@parl.gc.ca<mailto:xxxxxx@parl.gc.ca>
> Date:03/31/2014 10:06 AM (GMT-06:00)
> To: xxxxxxxxx
> Subject: RE: Over time remuneration for long haul/line haul drivers
>
> Good morning,
>
> Could I also have your postal code, please?
>
> xxxxxx
>
> Parliamentary Assistant
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> Office of the Hon. xxxxxx
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> Member of Parliament - xxxxxx
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From: xxxxxx
> Sent: March 31, 2014 11:05 AM
> To: xxxxx - M.P.
> Subject: Re: Over time remuneration for long haul/line haul drivers
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>
>
> I can be reached at xxxxxxxxxxx
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>
>

From: xxxxxxxxxxxxx
> Sent: March 30, 2014 11:41 PM
> To: xxxxxxxxxxxx - M.P.
> Subject: Over time remuneration for long haul/line haul drivers
>
>
>
> Dear xxxxxxxxx;
>
> As you're my Member of Parliament, I felt compelled to share with you a problem that is systemic, pervasive and immense in its breadth. As you've probably heard through media reports, the trucking industry is currently experiencing a significant driver's shortage. Many well known xxxxxxx trucking Companies are recruiting driver's from across the globe in order to maintain status quo. This driver shortage could be adequately addressed if these Carriers abided by provisions set forth from within the labor code for over time pay. The current legislation can be found here; http://www.labour.gc.ca/eng/standard...trucking.shtml You may find it surprising to hear that virtually none of these large Carriers are paying their drivers over time. I've been in the trucking industry for xx years and I've never been remunerated for over time in this profession. I, like most drivers out there thought that we weren't entitled to over time pay until an article was published on http://www.trucknews.com<http://www.trucknews.com> last year by Rolf Lockwood, a membered contributor. You can read that article here; http://www.todaystrucking.com/overtime-pay-for-drivers. The article and the greater awareness and understanding of the labor rules as a result of its publication is now fomenting seeds of discontent within the driving community but drivers are scared to speak up in fear of reprisal. The Port of Vancouver strike was a microcosm of the problems facing this industry. These large Carriers know that there is zero oversight and zero accountability so they continue to turn a blind eye and disobey the rules. The mandate of the Federal Labor Board is currently set to investigate one complaint at a time. I find this to be insufficient. I propose that changes be made to the legislation, giving the Federal Labor Board greater powers to audit the payrolls of trucking companies to confirm compliance once a complaint is brought forward. It's the only way to provide the oversight and accountability to address this widespread problem. The drivers lose and the Government of Canada loses with this lack of compliance because they're essentially committing tax fraud to the tune of millions of dollars in unpaid wages and unpaid federal taxes and remittances. I trust that you'll review this information, look into the matter and take the necessary steps to help resolve this simple yet abstruse problem facing our industry.
>
> Sincerely,
>
> xxxxxxx
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snafu
 
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