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 purpose of this post is to address some of the frequently asked questions we have received from employees in the face of the COVID-19 pandemic relating to government support, including Canada Emergency Response Benefit, Employment Insurance, and Canada Emergency Wage Subsidy.
To my mind, what Barresi demonstrates is that the line between employment law principles and “independent contractor” commercial law principles continues to blur. As the nature of what it means to be “employed” continues to evolve, so too must the law.