The BC provincial government has announced new regulations under the Employment Standards Act which will come into effect on September 3, 2024. These regulations will provide new protections for app-based gig workers, including a minimum wage of $20.88 for engaged time. These protections will apply to people who accept assignments through app-based ride-hailing and delivery services such as Uber, Lyft, DoorDash, SkiptheDishes, and others. They do not apply to other gig workers such as freelance writers, musicians or dog walkers.
Such regulations are the first of their kind in Canada and come after amendments to the Employment Standards Act and Workers Compensation Act in November 2023. Starting September 3, 2024, employers of app-based gig workers will be required to provide minimum employment standards including worker’s compensation and workplace safety protections.
The new hourly minimum wage for app-based gig workers is defined as 120% of BC’s general minimum wage, which is currently $17.40. The higher wage of $20.88 is meant to address gaps in time between gigs, as workers are paid for “engaged time” only. Engaged time is defined as the time between accepting and completing a work assignment.
Employers will also be required to provide at least $0.45 per km for ride-hail workers using a personal motor vehicle, and at least $0.35 per km for delivery service workers using a personal vehicle of any kind, including an e-bike or bicycle. Employers must pay 100% of customer tips to the worker. Reasonable notice or compensation must be given to workers terminated without cause. Additionally, employers must provide transparency on information regarding estimated payment and pick-up/delivery locations before a work assignment is accepted.
Gig workers will also receive worker’s compensation coverage through WorkSafeBC, and occupational health and safety protections.
BC’s general minimum wage, affecting most other workers, increased on June 1st, 2024 from $16.75 to $17.40.
Prepared by Hannah Walline, Summer Student