Amidst all of the discussion surrounding cannabis in the workplace, many employers may have missed the obligation to post signs in the workplace relating to prohibitions on smoking and vaping. The Smoke-Free Ontario Act, 2017 requires that employers and proprietors…
The Ontario Court of Appeal recently released a decision confirming that courts will not be fooled by different corporate structures when an employee has, in reality, been employed with the same employer for years.
As we still work to digest the changes brought about by Bill 148 and Bill 47, we also have Bill 66, which was passed earlier in April.
While 2017 brought about sweeping changes to the Employment Standards Act, 2000, 2018...brought about sweeping changes to the Employment Standards Act, 2000. While 2017 brought about employer panic and confusion over the legalization of cannabis, 2018... continued to do much the same. For yet another year, we were treated to several judicial assessments of the enforceability of termination clauses, and we continued to see the quantums of human rights and other damages increase. In a sense, everything old is new again.
The question of independent contractor versus employee has been a hot topic in the world of employment law for years now, and one that frequently makes news outside of legal circles. In a post for Canadian HR Reporter last year, we looked at the case of a Domino’s Pizza driver who gained publicity when the Ministry of Labour accepted his complaint, and determined that he was actually an employee and not an independent contractor. That driver was issued back pay to partially compensate for the misclassification.
Like it or not, as a Canadian citizen, you are expected to serve jury duty when summoned by your jurisdiction’s courthouse. And as an employer, some of your staff may be absent for that reason.
It is not unusual to hear about workers that work through their lunch break in order to leave early and have a condensed work day, or to store up the extra time and be able to leave early on Friday, thereby creating a condensed work week. While this might sound good in theory, the problem is that it is a breach of employment standards legislation. And that exposes the employer to liability.
On October 23, 2018, the Ontario government introduced Bill 47, Making Ontario Open For Business Act, 2018, which repeals many provisions of the previous Liberal government’s Fair Workplaces, Better Jobs Act, 2017 (commonly known as Bill 148).
Ontario employees who are eligible to vote are allowed 3 consecutive hours to do so without a reduction in pay. However, this may not mean extra time off - employers only have to make adjustments if an employee’s schedule today would not otherwise allow them the time to vote.
Prior to January 1st, 2018, employers with 50 or more employees were obligated to provide employees with ten unpaid “Personal Emergency” days. Bill 148 eliminated the 50 employee threshold, and introduced a new requirement that the first two days of the ten-day entitlement be paid.