British Columbia’s Pay Transparency Act: Job Posting Rules Come into Effect

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Employers operating in British Columbia should be aware that as of November 1, 2023, all job posting must include salary or wage information.

This requirement is applicable to all employers in British Columbia. Employers are not obligated to disclose bonus pay, overtime pay, tips, or benefits on these job postings, though they can choose to do so voluntarily. Job postings must, however, specify the expected wage or salary, or an expected range of wages or salaries. For instance, it could be expressed as “$20 per hour,” “$30 to $35 per hour,” “$40,000 per year,” or “$40,000 – $60,000 per year.”

It is essential to note that when providing a wage or salary range in publicly advertised job postings, employers are prohibited from using unspecified minimum or maximum amounts such as ” $20 per hour and up” or “up to $30 per hour.” Instead, a specific range like ” $20-$30 per hour” meets the requirement. The legislation has not outlined specific guidelines regarding the size of the wage or salary range; it remains at the discretion of the employer.  British Columbia may decide to offer further guidance or introduce regulations concerning maximum advertised ranges in the future, so stay tuned.

The wage or salary information should reflect the employer’s reasonable expectations for the job’s pay at the time of posting. This requirement does not restrict applicants from requesting a higher wage or salary than what was advertised, and employers can agree to pay an applicant more than the advertised amount if they choose to do so. Furthermore, this requirement extends to jobs posted by third parties on job search websites, job boards, and other recruitment platforms on behalf of the employer.

Employers outside of British Columbia may also be affected as the rule is also applicable to jobs advertised in other jurisdictions if those positions are open to British Columbia residents and could potentially be filled by someone living in British Columbia, whether in-person or remotely.

If you need assistance with a job posting in British Columbia or anywhere in Canada, or employment law support, or human resources, please do not hesitate to contact Bridge Legal and HR Solutions at (647) 794-5442 or admin@bridgelegalhr.ca.

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