Can posted wage rates for students differ from those of other temporary employees (hired during same timeframe)?
There are 2 parts of the Ontario ESA allowing for differential wage treatment for students in very limited situations:
1. Unpaid Internships: Sec. 3(5) says the ESA (including the requirement to pay employees at least minimum wage) doesn’t apply if the employee is:
- A secondary school student who performs work under a work experience program authorized by the school board that operates the school in which the student is enrolled.
- An individual who performs work under a program approved by a college of applied arts and technology or a university.
- An individual who performs work under a program that is approved by a private career college registered under the Private Career Colleges Act, 2005 and that meets such criteria as may be prescribed.
2. ESA Sec. 23.1(1) also establishes a special $13.15 per hour minimum wage that applies to students under age 18 employed during a school holiday whose weekly hours are 28 hours or less that’s in effect from Jan. 1, 2018 until the current Ontario minimum wage freeze ends on Oct. 1, 2020.
Other than that, though, I think students are entitled to the same wages as other temporary employees.
Hope that helps. Glenn