overtime
April 11, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Privacy and Security, Union Relations, Wages and Compensation,
The three most viewed articles on HRinfodesk this week deal with the court calling into question the termination without notice of a probationary employee, how the law around references is changing and how a mistake in a contract led to constructive dismissal.
Cao v. SBLR LLP, constructive dismissal, dismissed without any notice of termination, dismissing probationary employees, Employee performance, employer references, employment contract, employment law, fitness for the position, hours of work, no termination notice, Ontario Labour Relations Board, Ontario Small Claims Court, overtime, overtime hours worked, overtime pay, performance reviews, Probation period, probationary employee, probationary period, termination notice, unpaid wages, wrongful dismissal
April 1, 2013 Michele Glassford Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Human Rights, Payroll, Pensions and Benefits, Recruiting and Hiring, Wages and Compensation,
The recent decision by Yahoo CEO Marissa Mayer to ban working from home for “Yahoos” has been both widely criticised and applauded. The decision has been criticised for undermining the growing trend toward telecommuting and other flexible work arrangements which enable employees to better balance work/life challenges, especially important to women with children [...]
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February 27, 2013 Yosie Saint-Cyr Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits,
The news trending in the last couple of days is that Yahoo CEO Marissa Mayer announced, in an internal memo, that the company will no longer allow telecommuting. As a result, Yahoo employees with work-from-home arrangements will be required to work out from a company office. The memo was leaked by a very irked employee and sparked debate on the pros and cons of working from home.
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November 16, 2012 Christina Catenacci Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Payroll, Wages and Compensation,
So you have an employee who has been working with you for five years, and now you have to terminate the employee because it is just not working out. When parting ways, the employee insists that you should have been paying him overtime pay for all the years he has worked for you – and he wants to claim this alleged outstanding overtime pay, or he will be making a claim for unpaid wages with the Employment Standards Branch for unpaid overtime. How can employers avoid this and other types of overtime claim?
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May 24, 2012 Earl Altman Employment/Labour Standards, Human Resources
Most employers in Ontario are aware that the Employment Standards Act imposes standards on employers with respect to the treatment of employees. However, many are not aware that they are required to display a poster issued by the Ministry of Labour titled, “What You Should Know about the Employment Standards Act.” This poster, which can be downloaded from the ministry’s website, advises employees of their rights with respect to employment standards of hours of work, wages, public holidays and more…
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May 11, 2012 Christina Catenacci Corporate Immigration, Employment/Labour Standards, Human Resources, Recruiting and Hiring
The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off…
BC, breach of contract, breach of fiduciary duty, British Columbia, cause of action, class action suit, Class Proceedings Act, common issues, Denny's, employment contract, employment law, employment standards act, Hiring foreign workers, identifiable class, overtime, recruitment fees, representative plaintiff, temporary foreign workers, unpaid wages
May 8, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation
Another group of CIBC employees wanted to certify a proposed class action involving unpaid overtime, where the employees alleged that CIBC classified them wrongly as ineligible for overtime pay. The Ontario Superior Court of Justice decided that this action was not suitable for certification as a class action because there was no commonality between class members (it could not be decided on a common basis).
banking, Canada labour Code, Canadian Imperial Bank of Commerce, certification as a class action, CIBC, CIBC investment advisors, CIBC World Markets Inc, class action, commonality between class members, employment law, employment standards act, ineligible for overtime pay, Job classifications, no common issue, no identifiable class, overtime, overtime exemption, Regulation 285/01, unpaid overtime
February 7, 2012 Yosie Saint-Cyr Accessibility Standards, Employee Relations, Health and Safety, Human Resources, Human Rights, Standard for Employment
A January 25, 2012, British research study indicates that people who work 11 or more hours a day have double the odds of becoming depressed compared with those who don’t work overtime. But why is this important for us as employers to know?
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May 11, 2011 Yosie Saint-Cyr Conferences, Employment/Labour Standards
Historically, Ontario’s employment standards laws have been reviewed and updated frequently to address changes in the workplace. As expected, the provincial government has adopted various changes to employment standards in the last year or so. Understanding and following the Employment Standards Act requires that those affected by changes make the time to read about them and ask questions if something is unclear. In addition, it is your responsibility…
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February 1, 2011 Adam Gorley Health and Safety, Human Resources
I’ve caved. The end of my phone contract has been looming large, and as I pondered my options, somehow I thought, “I’d really like to be more connected.” So I’m ditching my two-year-old, decidedly not smart, flip phone and getting an iPhone—and a data plan. Soon I’ll be able to tweet and update my Facebook status and share photos wherever I am. And I’m afraid.
conduct and behaviour, distraction, downtime, employee Internet use, employee relations, exhaustion, facebook, focus, hours of work and overtime claims, Internet, iPhone, multi-tasking, overtime, performance, productivity, risky behaviour, smartphones, social media, stall-call, stress, technology, twitter, wireless
December 20, 2010 Adam Gorley Accessibility Standards, Health and Safety, Human Resources, Standard for Employment
What types of pressures you’re feeling this season—both at and away from work—and how do you deal with them? My coping method is to pray desperately for vacation (four days away!) and think about how great I’ll feel in the new year.
Accessibility for Ontarians with Disabilities Act, AODA, Christmas, coping with stress, four day workweek, Health Canada, Holidays, illness, ontario, overtime, stress, stressors, vacation, work culture, work-life balance
December 7, 2010 Earl Altman Employment/Labour Standards, Human Resources
In Ontario, the Employment Standards Act (ESA) requires employers to pay at least time and a half for all hours worked by an employee in excess of 44 per week. Employers who, for different reasons, fail to pay overtime pay have faced two types of claims by employees…
canadian employment law, Class action suits, employee handbook, employment law, employment standards act, hours of work, overtime, overtime pay, Overtime threshold, policies and procedures, policy manual
October 13, 2010 Yosie Saint-Cyr Employment/Labour Standards, Health and Safety, Human Resources
On October 5, 2010, the Ontario government introduced Bill 110, the Good Government Act, 2010, an omnibus bill that, if passed, would amend various pieces of legislation, including the Employment Standards Act, the Occupational Health and Safety Act and the Workplace Safety and Insurance Act. The changes include general housekeeping measures, as well as some technical improvements and modernization measures. Specifically, regarding the employment law related changes, schedule 7 of Bill 110 makes the following key changes…
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June 14, 2010 Adam Gorley Employment/Labour Standards, Human Resources
I lifted that title from a presentation at the recent Davis LLP employment law update, because I don’t think I need to improve on it. The question seems simple, but I’m certain that it has got many employers and human resources departments wishing the handy devices had never been invented! (Okay, maybe not that confused.)
Blackberry era, employment law, hours of work, hours of work and overtime claims, Human Resources, overtime, overtime hours, vacation, working conditions, working outside regular working hours
September 29, 2009 Yosie Saint-Cyr Employment/Labour Standards, Human Resources
We’ve been hearing lately that in the United States employers are being held liable to employees for overtime compensation for using PDAs/BlackBerrys after hours for work and for checking work-related emails. We’ve been made aware of four such class action suits by employees that allege, among other claims, that the company provides them with BlackBerrys or other smart devices, and that they are required to review and respond to work-related emails and text messages at all hours of the day, amounting to 10 to 15 overtime hours per week.
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Hi John, Thanks for your comment. Check out paragraph 67 of the decision: "Accordingly, none of what I have written above is to suggest or... – May 22, 4:38 PM
This is really spin doctoring the decision. My firm appeared at the Court of Appeal for an intervenor the University of Saskatchewan. Whatever the Supreme... – May 22, 1:00 AM
