A resident caretaker is a person who lives in an apartment building that has more than eight residential suites, and who is employed as a caretaker, custodian, janitor or manager of that building. There may be more than one resident caretaker in a building.
Coverage under the Act and Regulation
Although most parts of the Employment Standards Act (the Act) and Regulation apply to resident caretakers, a different minimum wage applies. Resident caretakers are excluded from the hours of work and overtime provisions of the Act.
The minimum wage for resident caretakers is a monthly wage based on the number of suites in the building.
For a building with nine to 60 residential suites:
• June 1, 2020 – $876.35 per month plus $35.12 for each suite;
• June 1, 2021 – $912.28 per month plus $35.56 for each suite.
For a building with 61 or more residential suites:
• June 1, 2020 – $2,985.04 per month;
• June 1, 2021 – $3,107.42 per month.
Where a resident caretaker works less than a full month, wages are pro-rated based on number of days worked.
Hours of work and overtime
Resident caretakers are not entitled to daily or weekly overtime. Resident caretakers are entitled to 32 consecutive hours free from work each week. If a resident caretaker is required to work during this time they must be paid one and a half times their regular wage.
Statutory holidays and annual vacation
Resident caretakers are covered by the statutory holiday and annual vacation provisions of the Act.
Resident caretakers can assign part of their wages to be paid as rent by way of a written authorization to their employer.
Employer to post work schedule
An employer must post a notice in the apartment building specifying the resident caretaker’s hours of work and days off, and give the resident caretaker a copy of the notice.
Definition of apartment building
Any building that has the appearance and characteristics of an apartment building, such as a common entrance and hallways, and is a predominantly vertical structure, is considered to be an apartment building under the Act. Buildings that are predominantly horizontal with separate outside entrances, such as townhouse units or row housing, are not considered to be apartment buildings.
The Act applies to resident caretakers regardless of whether a building has one owner and the units are rented to tenants, or the building is strata-titled and the units are owned individually.
The government has announced that the minimum wage will further rise to $14.60 on June 1st, 2020 and to at least $15.20 on June 1st, 2021.