As of April 1, 2026, the general minimum wage in New Brunswick is $15.90 CAD per hour. Employers are strictly prohibited from deducting money from your pay for mistakes, broken equipment, or till shortages if doing so brings your hourly rate below this legal minimum wage.
Earning a fair wage is a fundamental right for every worker in New Brunswick. Whether you are pouring coffee in a Saint John cafe, stocking shelves in Bathurst, or working a retail job in Dieppe, your income is protected by the provincial Employment Standards Act. This legislation ensures that everyone receives a baseline standard of living, and sets clear rules on when overtime must be paid. 💰
A frequent problem arises when employers attempt to pass their normal business costs onto their staff. Some bosses illegally dock pay for cash register shortages, a dine-and-dash customer, or a broken piece of machinery. Understanding exactly what can and cannot be deducted from your pay cheque is essential. If your employer is stealing your wages through illegal deductions, an employment lawyer can help you take decisive action. 🚨
Step-by-Step Process in New Brunswick
If you suspect your pay is below the legal minimum or that unlawful deductions are being made, you must review your pay records carefully before escalating the issue to the government.
Step 1: Verify Your Base Pay and Overtime
First, check your hourly rate. It must be at least $15.90 CAD. Furthermore, under New Brunswick law, you are generally entitled to overtime pay at one and a half times the minimum wage (currently $23.85 per hour) for every hour worked beyond 44 hours in a single work week. 🕑
Step 2: Scrutinize Your Pay Cheque Stub
By law, you must receive a detailed pay stub. Differentiate between legal statutory deductions (such as CRA income taxes, Employment Insurance, and CPP) and shady employer deductions. If you see vague charges for “supplies” or “mistakes,” this is a massive red flag.
Step 3: Check for Explicit Written Consent
Even for deductions that are technically allowed (like paying for an optional staff uniform or an advance on your salary), your boss must have your explicit written permission beforehand. 📝 They cannot simply force you to pay for a uniform and deduct it without a signed agreement, and even then, it cannot drop your earnings below minimum wage.
Step 4: File a Formal Wage Claim
If your employer refuses to correct an illegal deduction or pay the proper minimum wage, you should file a formal complaint with the New Brunswick Employment Standards Branch. An investigating officer has the legal authority to audit the company’s payroll and issue an order to pay the missing wages.
How Much Does it Cost in New Brunswick?
Pursuing a wage theft claim through the provincial government is completely free for employees. You do not need to hire an expensive legal team for straightforward minimum wage violations.
| Service / Item | Estimated Cost / Rate (CAD) |
|---|---|
| General Minimum Wage (2026) | $15.90 per hour |
| Minimum Overtime Rate | $23.85 per hour |
| Filing an Employment Standards Claim | $0 (Free) |
| Illegal Deductions (e.g., till shortage) | $0 (Employer must refund you) |
Be aware that if your employer requires you to wear a specific uniform that cannot be worn outside of work, they generally cannot charge you for it if doing so pushes you below minimum wage for that pay period. 👕
How Long Does the Process Take?
If you notice a discrepancy, raise it with your payroll department immediately, as it may just be an honest accounting error fixed within 1 pay period. If you must file a formal complaint with the Employment Standards Branch, be prepared to wait. Depending on case volumes, a government investigation and recovery of your stolen wages can take 3 to 6 months.
Frequently Asked Questions (FAQ)
Can my boss deduct my pay if a customer steals?
No. Under New Brunswick law, an employer cannot make deductions for faulty work, a “dine-and-dash,” or stolen merchandise. These are considered normal costs of doing business.
Is there a lower minimum wage for servers who get tips?
No. Unlike some other provinces in the past, New Brunswick has one general minimum wage for all employees. Liquor servers and restaurant staff must be paid at least $15.90 per hour before their tips are counted.
Can an employer take my tips?
Generally, tips belong to the employee who earned them. While “tip pooling” (sharing tips among all staff) is common and legal, management and owners are generally not allowed to pocket the staff’s tips to offset business costs.
What happens if I accidentally break equipment?
Your employer cannot legally deduct the cost of a broken tool, a smashed plate, or a crashed company vehicle from your pay cheque. If they believe you were maliciously negligent, they would have to sue you separately in small claims court.
How long do I have to file a wage claim?
In New Brunswick, you generally have 12 months from the date the unpaid wages were due to file a formal complaint with the Employment Standards Branch. Do not wait too long, or you lose your right to collect.
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