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 On April 4, 2019, the Quebec Court of Appeal rendered its judgment in the matter of 2915499 Canada Inc.
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