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Fitness instructor on a fixed-term contract. Contract renewed regularly.

The employer pays only for class time, but expects instructors to fulfil other duties (class preparation, studio setup, welcoming members, cleaning equipment, administration, emails, etc.) and also expects instructors to use their own devices (phone, ipad, computer) and personal email address to communicate with the employer and other colleagues, or administer the classes (play music, create playlists, create class content).

Employer-wide policy requires hourly employees to record their worked hours in the payroll software.

When I tried to record them, my supervisor refused to pay for these hours worked and only allowed payment for class hours. When I tried to record some of my actual hours again, the employer requested to not log all hours worked, only class hours. Eventually, the supervisor prohibited me from logging my actual worked hours, and stated that they will log the class hours for me instead. So I no longer can record my hours worked formally in the payroll software. Nonetheless, if class is 4 pm to 5 pm, I cannot simply show up at 4PM, I have to prepare in advance, and am expected to be fully ready in the studio before class, and that's written in the contract as well. I am also still expected to read emails, respond, handle administration, class preparation, welcome members, clean the equipment, and use my own devices for work rendered as an hourly employee.

A contingent issue is that the wage rate is set hourly, but I am expected to work more than one hour. When calculated over the actual time worked, the wage rate is significantly lower than what I agreed to.

Thank you for your inquiry. We will need additional details to properly assess your situation. Importantly, we will have to review the terms of your employment contract. Please contact us at the number below to schedule a formal consultation.
The Lawyers at Samfiru Tumarkin LLP
Direct Tel (Toll Free): 1-855-821-5900     Email: webquestions@stlawyers.ca     Web: www.stlawyers.ca
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