With Ontario expected to lift the state-of-emergency shortly and the resumption of non-essential business operations, employers may begin to consider recalling employees who have been temporarily laid-off or placed on a deemed job-protected leave.
Employee misclassification is a common issue in employment law that can result in significant financial consequences to the employer. Specifically, an employer may expose themselves to liability under the applicable employment standards, including in relation to unpaid wages, overtime pay, vacation pay, termination pay and Canadian Pension Plan and Employment Insurance contributions if a court finds that an employee’s role has been inappropriately classified.
The pandemic has normalized work from home arrangements as employees were forced to quickly adapt to remote work in response to the closure of all non-essential businesses. With many workplaces able to operate almost seamlessly outside of a formal office, many workplaces are now considering a future that permits more flexibility in terms of where employees may perform their work.