Q1: If a company hires clerical assistants through a temporary staffing agency to process its backlog of orders, is this employer responsible for pay equity for these temp workers?
A1: No. If the employer is paying the agency for the service of providing a person to do some specific work, then the temporary agency workers would not likely be included in the employer’s pay equity processes or plan. Generally, temp workers are the employees of the temp agency and covered by the temp agency’s pay equity processes or plan.
Q2: If students work at an amusement park full-time from June to September and on every Friday evening and Saturday throughout the year are they excluded from pay equity?
A2: No. Students who work during their vacation period are not covered by the Act; however, students who work in addition to their vacation period on a regular basis should be considered part-time employees for purposes of pay equity.
Q3: Are co-op students who do work as part of their university or college training program covered by the Pay Equity Act?
A3: Yes. If a co-op student works for remuneration during the school year, not just on their vacation period, and their work is controlled by what appears to be a typical employer/employee relationship, the student may be covered by the Act.
Q4: Are family members or business owners considered employees by the Pay Equity Act?
A4: Depends. Regardless of whether an individual is a family member or business owner, the question of whether he/ she is considered an “employee” is a legal one for which criteria has been developed in decisions of courts and the Tribunal. Generally, if an individual performs work in an ongoing position in the business and their day-to-day work is largely controlled by the organization and he/she is paid in a similar manner as other employees, that individual would likely be considered an employee and covered under the Act. Employers are advised to define “employee” broadly for the purposes of pay equity.