What are climate controlled facilities where all or substantially all the employees work is performed?
This covers employees who normally work in one or more climate controlled facilities. Examples would include some mushroom plants, poultry facilities, hog barns or greenhouses. What an employee is hired to do is a determining factor when considering if all or substantially all of the employee’s work is performed in climate controlled facilities. If an employee is hired to work in a climate controlled facility like some hog barns or greenhouses they are covered by The Employment Standards Code, even if they work outside for part of their duties. This is different than an employee who is hired to work on a mixed farm where part of the duties may occur in climate controlled facilities but other tasks are outside. That employee is excluded from overtime, general holidays and reporting pay because they do not do substantially all of their work in a climate controlled facility. The way weather and climate effect the job someone is hired to do can be a factor when considering if an employee i
