Lifeguards at Ottawa's Ray Friel Recreation Complex recently alleged they were denied compensation for time that should have counted as employee attendance, according to The Metro News. Frank Morin, the former head lifeguard at the pool, told the source that he is pursuing this case to prevent future violations that deny young workers the wages they have rightfully earned.
In addition to teaching lessons in the pool, lifeguards at the recreation facility were expected to fill out report cards for participants' parents without any extra pay.
"You're in the water your entire shift teaching the kids and are expected to finish the report cards on your own free time. Literally we said 'no, we're not going to write the report cards outside of paid time' and that's when things blew up," said Morin.
While labor laws in Canada may be different than those in the United States, the Department of Labor sheds some light onto this case. In response to a question about whether municipal lifeguards were covered by the Fair Labor Standards Act and thus, owed minimum wage and overtime for their employee attendance, 2009 Acting Administrator Alexander Passantino explains that it all comes down to the work environment.
If lifeguards are employed at a year-round facility, they may be owed back wages for the unrecorded time and attendance spent filling out report cards. If they worked for a seasonal facility - such as a pool that is only open seven or fewer months a year - they may be exempt.
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