Bill 2: An Act to Make Alberta Open for Business has passed and includes changes to general holiday pay, overtime and labour relations. Changes to general holiday pay and overtime take effect September 1.
- The overtime rule for highway and railway construction is 10 hours per day or 44 hours per week, whichever is greater.
Who’s considered a highway and railway construction employee?
Highway and railway construction employees are employed for work that’s conducted:
- outside of a city, town or village
- as a continuation from the boundaries of a city, town or village
Hours of work and pay
The standard overtime rule of hours worked in excess of 8 hours a day or 44 hours a week, whichever is greater, doesn’t apply to highway and railway construction employees.
Exceptions to the minimum standards for regular and overtime hours
Employees must receive overtime:
- for hours worked in excess of 10 hours per day or 44 hours per week, whichever is greater
- at a rate of at least 1.5 times the regular rate of pay, or banked time off with pay at a rate of at least 1.5 times, for all overtime hours worked
Termination and termination pay
Highway and railway construction employees are not entitled to notice of termination or pay in lieu of notice of termination.
What additional Employment Standards apply?
In addition to the special provisions outlined above, all other minimum standards for employment apply to construction employees. Additional information on these rules can be found at:
- Averaging agreements
- Breaks and days of rest
- Deductions from earnings
- General holidays
- Job-protected leaves
- Minimum wage
- Overtime hours and pay with the exception of what’s considered overtime hours listed above
- Payment of earnings
- Youth employment
How the law applies
Division 3 of the Employment Standards Regulation provides alternate overtime thresholds for highway and railway construction employees. Section 5 of the Regulation exempts them from termination pay/notice requirements.
Disclaimer: In the event of any discrepancy between this information and Alberta Employment Standards legislation, the legislation is considered correct.