Earlier this week, the BC Authorities launched Invoice 13 – 2023: the Pay Transparency Act (the “PTA”). We focus on under the adjustments which have the best potential to have an effect on employers.
New Obligation to Publish Wage or Wage Data for Publicly Marketed Job Alternatives
The PTA would require employers, except exempt by regulation, to specify the anticipated wage or wage vary on all publicly marketed job alternatives. This requirement will come into pressure as of November 1, 2023, no matter whether or not or not the PTA as an entire has come into pressure by that date.
Prohibition on Asking Job Applicant About Pay Historical past
Below the PTA, an employer won’t be able to hunt pay historical past details about a job applicant’s pay historical past by any means. This prohibition contains asking the applicant immediately for this info or asking via a 3rd occasion. This prohibition is not going to apply the place pay historical past info is publicly out there.
Prohibition Towards Retaliation
The PTA prohibits an employer from retaliating in opposition to an worker who makes inquiries to their employer about their pay or discloses their pay to different workers or potential workers, amongst different issues. Retaliation contains the act, or risk, of dismissal, suspension, demotion, self-discipline, harassment, or any type of office drawback.
New Reporting Necessities for Sure Employers
The PTA introduces reporting necessities for sure employers (“Reporting Employers”). This requirement is being launched in levels, by variety of workers, to offer employers advance discover to arrange. Reporting Employers embody employers which have the next variety of workers within the relevant yr:
- For 2023: BC Public Service Company and Crown Firms with greater than 1,000 workers (ICBC, BC Hydro, WorkSafeBC, BC Housing, BC Lottery Company and BC Transit);
- For 2024: 1,000 workers or extra;
- For 2025: 300 workers or extra; and
- For 2026: 50 workers or extra.
Reporting Employers can be required to arrange an annual pay transparency report on or earlier than November 1 of every yr to be distributed to all workers and printed on a publicly accessible web site, amongst different issues. The pay transparency report will embody details about the Reporting Employer, the composition of its workforce and the variations in pay in relation to workers’ self-identified gender and different traits.
Invoice 13 is presently at first studying within the Legislative Meeting of B.C. We are going to proceed to observe this vital laws and supply updates as they come up.
If you want extra details about the PTA or have any questions on how the PTA might have an effect on your office, please contact a member of our Labour, Employment & Human Rights Group.
