--000000000000abf3f905e3262ae9 Content-Type: text/plain; charset="UTF-8" Content-Transfer-Encoding: quoted-printable Some background on the Nova Scotia laws/topics I want to hit today. *Overtime* Under the Code, where an employee is required to work more than 48-hours in a week, that employee is entitled to overtime for every hour in excess of 48. The overtime rate is 1.5x the employee=E2=80=99s regular hourly wage. T= he Code, as mentioned, would not apply to a domestic services live-in worker who works less than 24-hours per week, however. To reduce overtime obligations, the company could come to an overtime averaging agreement with its employees and submit this to the Labour Standards Division (the =E2=80=9CDivision=E2=80=9D) for approval. If approv= ed, for example, this agreement might average the hours worked over the entire month=E2=80= =94thereby limiting overtime entitlements. For this arrangement to be approved, the sum of the compensation provided to employees would need to be deemed a greater benefit to the employee, however. *Breaks* The Company will need to be mindful that caregivers are receiving the appropriate breaks under the Code when working a 24-hour shift. There is no daily maximum hours of work in NS, but an employee is entitled to a 30-minute break every 5 hours of work. After the first such period, subsequent breaks can be split up into 15-minute increments. *Periods of Rest* Depending on scheduling, the Company should be aware employees are entitled to 24-hours off per 7 day period. *Waiting Time* Waiting time may end up being a significant financial liability for the Company. There is significant risk that if the caregiver is required to stay at the client=E2=80=99s home during breaks for meals, sleep, etc., tha= t this time will all be deemed waiting time and will be required to be paid at least at the minimum wage. There is some risk this could also be considered time worked and count toward the overtime threshold, but in my previous conversations with the Director of the Division, I understand that this is not the Division=E2=80=99s interpretation (but, I note, there is no policy = or actual decision providing guidance on this=E2=80=94it=E2=80=99s an open poi= nt). If the employee is required to stay on the premises, then the Company is going to have to pay for all 24-hours. This might be more than anticipated. A creative solution of allowing the employees to leave but to always have an emergency alert system in place so they can return might be an option. There are two decisions of the Labour Standards Tribunal which provide guidance on waiting-time for caregivers: - In *Mary R. Baker v Elmwood Manor Limited*, 2007 CanLII 90576, a live-in caregiver was found to be entitled to pay for her sleeping time = and waiting time where it was required that she remain on the premises and available to render services during these times. The Director of the Division referred me to this decision last time we spoke as likely being