Remote work arrangements have become increasingly popular since the onset of the COVID-19 pandemic. Employees have embraced this workplace flexibility and have been permitted to work in various locations, including outside of Ontario. Accordingly, we review the several practical and legal implications associated with working from home outside Ontario.
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.