First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

overtime

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with: Employment law changes coming ($15 minimum wage and more); overtime exemptions under employment standards; and grievance of an employee alleging discrimination based on family status.

 

, , , , , , , , , ,

Overtime entitlement: Employee travel

Under the Employment Standards Act, 2000 and Ontario Regulation 285/01, “work” is deemed to be performed when an employee is travelling on business, even if that time is non-productive and outside normal business hours. Here are some ways to minimize that liability.

 

, , , , , ,

Busting myths about employments standards: What employers need to know about overtime and vacation

When it comes to employment standards legislation, employers must remember that just because an employee agrees to something, that does not make it lawful. More importantly, parties cannot contract out of employment standards requirements, and employers that breach employment standards legislation expose themselves to significant risk, even if the employee in question appears to have acquiesced. This often arises when it comes to overtime or vacation.

 

, , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with overtime in British Columbia; fixed term contracts; and, the stigma of mental illness in the workplace.

 

, , , , , , , , , , , , ,

A financial analyst, if a “manager”, is not entitled to overtime in Quebec

The Court of Appeal of Quebec recently considered, in the Skiba v. Playground[1] decision, the issue of overtime pay and, in particular, the correct interpretation of sections 54 and 55 of the Act respecting labour standards. In our opinion, this decision will have certain repercussions in the workplace, and we find it useful to review the factual background giving rise to those repercussions, as well as the conclusions of both the Superior Court and the Court of Appeal.

 

, , , , , , , , , , , , , , , , , , , ,

It’s time for Saskatchewan employers to review HR policies

On April 29, 2014 the Saskatchewan government finally proclaimed the Saskatchewan Employment Act to be in force. The most notable changes in the Saskatchewan Employment Act in respect of employment standards are the following:

 

, , , , , , , , , , , , , , , , , , , , , , ,

Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with changes to the Canada Labour Code; poor record keeping; and obligation to pay overtime to managers.

 

, , , , , , , , , , , , , , , , , ,

Five employment issues facing Ontario retailers

I am fortunate in my practice to work with clients in different industries, ranging from healthcare and social services to traditional manufacturing. Although employment laws generally apply to all industries in much the same way, there are usually certain issues that some industries face more than others. This is true of many clients I assist in the retail industry.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Most-viewed articles this week on HRinfodesk

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.

 

, , , , , , , , , , , , , , , , , , , , , ,

The value of working from home questioned: Whether to implement flexible work arrangements or not?

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 […]

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

Yahoo CEO tells employees: stop telecommuting

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.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

How to avoid an overtime claim

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?

 

, , , , , , , , , , , , , , , , , ,

What you should know about the Ontario Employment Standards Act

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…

 

, , , , , , , , , , , , , , , , , , ,

Denny’s temporary foreign workers employment standards class action suit gets certified

working overtime

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…

 

, , , , , , , , , , , , , , , , , ,

CIBC investment advisors unpaid overtime class action not appropriate for certification

CIBC bank sign

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).

 

, , , , , , , , , , , , , , , , , ,

Previous Posts