hours of work
December 6, 2019 Rudner Law, Employment / HR Law & Mediation Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Human Rights, Training and Development,
Earlier this year, the Ontario Divisional Court upheld a decision which confirmed that an employer’s occasional flexibility with regard to an employee’s hours of work did not displace the employer’s right to enforce the agreed upon hours at a later time.
Attendance policy, duty to accommodate, duty to accommodate family status, employment law, family status, flexible work arrangements, flexible work hours, hours of work
November 28, 2019 Employer Advisor, McCarthy Tétrault LLP Accessibility Standards, Employee Relations, Employment/Labour Standards, Human Resources, Human Rights, Payroll, Recruiting and Hiring, Training and Development, Wages and Compensation,
As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.
employment contract, entitlement to minimum notice, fixed-term employment contract, hours of work, premium pay, regular wages, scheduling work on Sundays, seasonal workers, temporary employees, Termination clause
November 22, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Source Deductions and Reporting, Wages and Compensation
The three popular articles this week on HRinfodesk deal with holiday parties, the recent proposed amendments to the Ontario ESA introduced by Bill 47 and 2019 payroll rates.
2019 payroll rates, Bill 47 Making Ontario Open for Business Act, employment law, hours of work, minimum wage, paid sick days, sick leave, social host liability, Workplace holiday parties
May 24, 2018 Occasional Contributors Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
On March 20, the Quebec Minister of Labour introduced Bill 176, amending the Act respecting Labour Standards (the “LSA”). The Bill proposes sweeping changes to the LSA.
Act Respecting Labour Standards, compensation, employee benefits, employment agencies, employment law, hours of work, Leaves of absence, pension plans, personnel placement agency
March 8, 2018 Yosie Saint-Cyr, LL.B. Managing Editor Employment/Labour Standards, Government Budgets, Throne Speeches and Plans, Human Resources, Payroll
The three popular articles this week on HRinfodesk deal with CRA’s announcement that it will stop reviewing and disallowing “other employment expenses” on income tax returns, the 2018-19 Federal Budget and last year’s employment standards enforcement blitz results.
CRA, employment expenses, employment law, enforcement blitz, Federal Budget 2018-19, hours of work, income tax and benefits
June 9, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation
On June 7, 2017, outside of House sitting, Bill 17, Fair and Family-friendly Workplaces Act received royal assent. This means effective January 1, 2018, most of the new rules updating employment and labour law in union and non-union Alberta workplace will come into force.
Alberta Employment Standards Code, bereavement leave, Bill 17, citizenship ceremony leave, Compassionate Care Leave, Critical Illness of Child leave, Death or Disappearance of a Child leave, dependent contractors, domestic violence leave, employment law, employment standards code, Fair and Family-friendly Workplaces Act, hours of work, Labour Relations Code, Long-term Illness and Injury leave, maternity leave, overtime, Personal and Family Responsibility leave, secret ballot, Statutory holiday pay
May 25, 2017 Yosie Saint-Cyr, LL.B. Managing Editor Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Training and Development, Union Relations, Wages and Compensation
On May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173 recommendations that endorse significant changes to Ontario employment law aiming to create better workplaces with decent working conditions and widespread compliance with the law. The authors consulted with […]
Changing Workplaces Review final report, employment law, employment standards act, exemptions and exclusions to employment standards, hours of work, labour relations, Labour Relations Act, minimum wage, Ontario employment law, Ontario Ministry of Labour, paid sick leave, Part-time casual temporary seasonal and contract employees, personal emergency leave, Public Holiday Pay, Scheduling, temporary foreign workers, temporary help agencies, vulnerable workers, work-related issues
October 28, 2016 Rubin Thomlinson LLP Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Notice, Damages and Settlements, Payroll, Penalties and Fines, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation
Before hiring your first employee, an employer needs to educate itself on the various requirements under the Employment Standards Act, 2000 (and other legislation such as the Workplace Safety and Insurance Act (the “WSIA”) and Occupational Health and Safety Act) and the nuances associated with termination of an employee’s employment. Although there will be some upfront costs associated with record keeping, registering for insurance pursuant to the WSIA and learning about employment legislation, the benefits of such proactivity will pay off in the future when issues inevitably arise, even if you only have one or two employees.
employer withholding obligations, employment agreement, employment law, employment standards act, holiday pay, hours of work, minimum wage, Occupational Health and Safety Act, Occupiers’ Liability Act, overtime pay, paying worker “under the table”, reasonable notice of termination, rest periods, statutory benefit deductions, termination provision, unpaid wages, Workplace Safety and Insurance Act, WSIA insurance fund
May 2, 2016 Michele Glassford Employee Relations, Employment/Labour Standards, HR Analytics, HR Policies and Procedures, HRMS, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Source Deductions and Reporting, Union Relations, Wages and Compensation
A recent news report stated that DavidsTea, and several popular retailers, have been asked by multiple US jurisdictions to provide information regarding the use of “on-call” shifts. According to the article “DavidsTea under fire for scheduling of staff,” the practice of “on-call” scheduling requires employees to call in to the employer prior to shift to confirm if they are required to come in.
Call-in Pay, DavidsTea, employment law, Employment status, hours of work, Human Resources PolicyPro, on-call employee, on-call scheduling, Reporting Pay, Shift work
January 5, 2016 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, Human Resources, Payroll, Union Relations, Wages and Compensation
If you’re like most Canadian employers, it is likely you have not looked deeply into your overtime pay obligations.
base salary, class action case, employment law, financial liability, fixed salary, hours of work, hours of work and overtime claims, overtime pay obligations, salaried employees, standard hours of work, Time and attendance, unpaid overtime
July 2, 2015 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, HRMS, Human Resources, Notice, Damages and Settlements, Payroll, Recruiting and Hiring, Union Relations, Wages and Compensation
An interesting decision was released in the retail sector which discusses a retail employee’s statutory right to refuse to work on a Sunday under the Employment Standards Act, 2000 (“ESA”). At issue was a new company schedule that would have forced an employee to work additional hours on a Sunday. The employee not only argued […]
employee suffered a reprisal under the ESA, employment law, employment standards act, general right to refuse work on Sunday, hours of work, Ontario Labour Relations Board, retail employee’s statutory right to refuse to work on a Sunday, retail sector, Right to refuse to work on Sunday, right to refuse work, Work schedule
June 2, 2014 Michele Glassford Employee Relations, Employment/Labour Standards, Health and Safety, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Union Relations, Wages and Compensation
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:
Banked overtime, Call-in Pay, Conditions of Employment Regulations, employment law, hours of work, HR policies, human resources policies, Human Resources PolicyPro, labour relations, Leaves of absence, Manitoba and Saskatchewan Edition, Minimum Wage Regulations, modified work arrangement, modified work arrangements, notice or pay in lieu of notice, occupational health and safety, Occupational Health and Safety Regulations, overtime, Overtime hour credits, Pay Principles, Pay Range Structure, Reporting Pay, Saskatchewan Employment Act, termination
March 17, 2014 Adam Gorley Employee Relations, Employment/Labour Standards, Health and Safety, Human Resources, Payroll, Pensions and Benefits, Recruiting and Hiring, Training and Development, Wages and Compensation
Opposition MPP Jonah Schein has introduced a private member’s bill to place stricter limits on unpaid internships in Ontario. Bill 170, Employment Standards Amendment Act (Greater Protection for Interns and Vulnerable Workers), 2014, doesn’t seek to eliminate unpaid internships entirely, but rather hopes to make employers more accountable and give interns (and students) more legal clout.
Bill 170, co-op programs, complaints and enforcement, displacing employees, employment law, employment rights, employment standards act, Employment Standards Amendment Act (Greater Protection for Interns and Vulnerable Workers), for the benefit of the individual, hours of work, inform trainees of rights, interns, Jonah Schein, Leaves of absence, lie detectors, Ministry of Labour, no remuneration, ontario, persons receiving training, post-secondary students, protecting interns, public holidays, records, remuneration, reprisals, secondary students, terminations, terms of employment, unpaid internships, vacation, work experience programs
January 21, 2014 Earl Altman Employee Relations, Employment/Labour Standards, Human Resources, Notice, Damages and Settlements, Payroll, Wages and Compensation
It has always been clear in Ontario law that employers cannot unilaterally alter the most important aspects of the employment contract – compensation, location of work, hours of work – without the employee’s consent or providing adequate advance notice of the change. If it does, it may lead to a claim of constructive dismissal. But what if the change imposed in the contract is not as important as some of these? How can the employee respond to a change in his position that he perceives to be a demotion, even if the title remains the same.
adequate advance notice of the change, canadian employment law, compensation, constructive dismissal, demotion, duty to mitigate, duty to mitigate damages, employee’s consent, employee’s duties and responsibilities, employee’s leadership role, employment contract, employment law, hours of work, location of work, managerial responsibilities, reasonable person test, reassignment
October 28, 2013 Employer Advisor, McCarthy Tétrault LLP Employee Relations, Employment/Labour Standards, HR Policies and Procedures, Human Resources, Payroll, Pensions and Benefits, Training and Development, Wages and Compensation
The Ontario Ministry of Labour (MOL) conducts inspections to ensure compliance with the Employment Standards Act, 2000 (ESA). The MOL targets employers in (as they put it) “sectors where there is a history of employment standards violations and where vulnerable workers are employed.” Thankfully, at least the MOL announces the targeted sector so that employers can prepare. This time, the target is the retail industry.
canadian employment law, Careful in calculating holiday pay, deductions from pay, eating periods, employment law, employment standards act, employment standards violations, hours of work, inspection, minimum wage, MOL, Not all “managers” are overtime exempt, overtime pay, public holidays, record keeping, retail industry, retailers, Service accrual during maternity leave, The Ontario Ministry of Labour, Time off in lieu of overtime pay, Use it or lose it, vacation pay, vulnerable workers
Ageism is a big problem in the legal community. Bay Street firms and others are not interested in applicants' skills, knowledge, etc. unless they are... – Nov 16, 11:05 AM
Excellent article !! Right on point. So many times we encounter opinionated employer representatives or coworkers who address complaints from positions of bias. Bias that... – Oct 30, 12:07 AM
