From:

To:
Subject:
Date:

Carr, Mike LRWS

Greg Fingas
Email to Retail Council of Canada regarding the pilot policy related to the application of definition of a day for
the retail sector
January-07-15 1:17:34 PM

Hi Greg, I am forwarding the attached email string regarding information provided to the Retail
Council of Canada regarding the pilot we discussed yesterday. I redacted the name and email
address of the recipient since such personal information is protected. As I noted yesterday the pilot
was discontinued yesterday. Thanks.

Michael J.R. Carr

Government of Saskatchewan
Deputy Minister
Labour Relations and Workplace Safety

300 - 1870 Albert Street

Regina, Canada S4P 4W1

Bus: 306-787-7424
Fax: 306-798-5190
saskatchewan.ca

NOTICE: This email (and any attachment) was intended for a specific recipient. It may contain information which is
privileged, confidential or exempt from disclosure. If you are not the intended recipient, do not distribute it to another
person or use it for any other purpose. Please delete it and advise me by return email or telephone. Thank you.

From: Parrott, Daniel LRWS

Sent: Friday, December 12, 2014 2:55 PM
To:
Subject: FW: Definition of a day for the retail trade sector

Hi L;

The Executive Director just advised Division staff of how a day is defined for employers operating in
the retail trade sector. The all-staff email follows below.

If you have any questions regarding this please feel free to call.

Thanks,

Daniel Parrott

Government of Saskatchewan
Director, Legal and Education Services
Employment Standards Division
Ministry of Labour Relations and Workplace Safety
3rd Floor, 1870 Albert Street
Regina, Canada S4P 4W1

NOTICE: This email (and any attachment) was intended for a specific recipient. It may contain information which is privileged,
confidential or exempt from disclosure. If you are not the intended recipient, do not distribute it to another person or use it for any other
purpose. Please delete it and advise me by return email or telephone. Thank you.

From: Tuer, Greg LRWS

Sent: Friday, December 12, 2014 2:32 PM
To: LRWS ESTDS All Staff
Cc: McRorie, Glen LRWS; Parrott, Daniel LRWS
Subject: Definition of a day for the retail trade sector

Hi everyone, Im writing to formally inform you of a change in approach for the division regarding
the definition of a day for the retail trade sector.

As you are already aware, Part II of The Saskatchewan Employment Act and regulations were
designed to provide increase flexibility around the scheduling of hours of work and overtime. For
example, the definition of a week contained in section 2-1(w) now includes any other period of
seven consecutive days that the employer has consistently used when determining the schedule of
an employee.

In this context, the Division is interpreting section 2-1(b)(i) day such that employers in the retail
trade sector will be deemed to be using a calendar day for the purposes of calculating daily
overtime, or any other period of 24 consecutive hours that the employer in this sector has
consistently used when determining the schedule of an employee. The interpretation only applies to
employers in this sector.

The choice of the retail trade sector for this policy was based on two main considerations: First, the
Acts one days rest in seven provisions historically tied the employers in this sector to calendar day
requirements more closely than employers in other sectors; and second, the regulations also define
the employers in this sector thereby allowing a gradual phase-in of this new interpretative
approach.

The interpretation is effective as of the Acts proclamation on April 29, 2014.


Impact:

This interpretation impacts how daily overtime is calculated in the retail trade sector.

Current audit practices has a day starting when the employee clocks into the workplace and ending
24 hours later. All hours worked during this 24-hour period count towards an employees daily total.

For example:

Date
Shift Starts
Shift Ends
Hours Worked
May 3
3 p.m.
11 p.m.
8
May 4
7 a.m.
3 p.m.
8

In this example, the 24-hour period begins at 3 p.m. on May 3 and ends 3 p.m. on May 4, and the
employee worked 16 hours. As a result, the employer must pay the employee eight hours regular
pay and eight hours overtime pay.
The new interpretation changes the current audit practice for employers in the retail sector. In
retail, a day is deemed as a calendar day. As a result, in the above example there is no daily
overtime as only eight hours were worked each calendar day.

Relevant Legislative Provisions:

Section 2-1(b)(i) states: In this Part and in Part IV (b) day means: (i) for the purposes of
Subdivisions 2 and 3 of Division 2, any perod of 24 consecutive hours.

Section 18 of The Employment Standards Regulations defines retail trade as follows: 18(1) In this
section, retail trade means the selling or offering for sale to the general public of consumer
products for personal, family or household use or consumption.

Section 18 also states:

(2) Subject to subsection (3), for the purposes of subsection 2-13(5) of the Act, an employer who is
primarily engaged in retail trade and whose workplace has more than 10 employees shall grant to
an employee who usually works or is at the disposal of the employer for 20 hours or more in a week
two consecutive days of rest in a week, one of which is a Saturday or Sunday whenever possible.

(3) Subsection (2) does not apply to an employer mentioned in that subsection if:
(a) the employers workplace is subject to a municipal bylaw requiring the workplace to be closed
during the whole or part of any day of the week other than Saturday, Sunday or Monday;

We will have an opportunity to discuss this change at our upcoming Division meetings next week, so
if you have any questions by all means feel free to bring them up at the meeting or contact Glen or
Daniel to discuss further.

Thanks,

Greg Tuer
Government of Saskatchewan
Executive Director
Employment Standards Division, Ministry of Labour Relations and Workplace Safety
3rd Floor, 1870 Albert Street
Regina, Canada S4P 4W1
Bus: 306-787-2432
Fax: 306-787-4780