Legalizing “active time” means no guarantee of minimum wage

Uber will “top up” earnings every two weeks

“At the Tim Horton’s pickup window, whether there’s a customer at the window or not, the worker gets paid minimum wage.”

—George Wedge

Ontarians who believe Uber drivers will be paid minimum wage through the implementation of Bill 88 may be surprised to learn the Act guarantees no such thing. The new Digital Platform Workers’ Rights Act came into effect on July 1st, and apparently enshrines in legislation the idea that firms can pay workers for certain minutes or activities within the work day, but not others.

An email sent to Uber drivers on June 27 uses the term “active time” in detailing how drivers will be paid. “Active time,” previously called “engaged time,” refers only to the period of time between when the driver accepts a ride then drops them off. This is the only time for which drivers will be compensated; drivers are not paid for time time spent looking or waiting for a fare or driving back empty.

“Digital platform workers in Ontario will be guaranteed minimum earnings of $17.20 per hour for active time,” (emphasis added) reads Uber’s email, which is reproduced in its entirety below.

“Uber’s already sent out a message and told every driver that they have in Ontario to say that even though they pay you daily or weekly, they’re only going to look at all of the business you’ve done every two weeks. Then, they’ll see if they need to top you up to bring you the minimum wage, but only for the time you had a fare.

“That’s not how the Act is written,” he points out. “They’re supposed to be topping you up in real time, not averaging everything you generated over a two week period by the amount of time you had fares in your vehicle.”

Wedge compares “active time” to a cashier whose employer is allowed not to pay them between customers.

“At the Tim Horton’s pickup window, whether there’s a customer at the window or not, the worker gets paid minimum wage,” Wedge points out.

Below is the message sent by Uber to its drivers on June 27, including the concept of “active time.”

“Upcoming changes to your experience

Starting on July 1, 2025, there will be changes to your Driver app experience. These changes are the result of the Digital Platform Workers’ Rights Act, 2022, a law that provides for delivery people like you with a set of benefits and protections while allowing you to keep the flexibility you want.

What’s changing?

Guaranteed minimum earnings

Digital platform workers in Ontario will be guaranteed minimum earnings of $17.20 per hour for active time, which is the time between accepting a delivery request and completing it.

The minimum earnings guarantee is in place to ensure that you earn at least $17.20 per hour for active time. Even after reaching the guaranteed minimum, you’ll continue to receive trip requests.

Tips are excluded from guaranteed minimum earnings, and as always, you keep 100% of your tips.

For each 2-week pay period, Uber will compare your earnings (excluding tips) to the guaranteed minimum amount you’d earn for your active time. If you earned less than the guaranteed minimum, Uber will top up your pay.

If eligible for a top-up, you’ll be paid within one week of the end of that payment period. The first such payment will be made on July 17.

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Offer card transparency

You can now access additional information—about how that estimate was calculated and why the trip was offered to you, for example—by tapping the pill-shaped trip-type button in the top left corner of the offer card. (Another way you can access this information in the Driver app is by going to Help and then choosing Account & app.)

More transparency means more available information, and more information means more reading. Please remember that safety is always a top priority. If you ever feel that checking this information is distracting you, we recommend pulling over to a safe place to use your phone.

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Ratings transparency

Starting July 1, you’ll be able to view your Daily Average Rating in your Profile Hub.

Your daily average rating is based on trips completed and rated the day before. If you received fewer than 5 ratings, your average is calculated using the last 5 or more ratings you received, up to 30 days prior.”