On March 30, 2020, the federal government revealed additional details about the 75% wage subsidy it will provide to employers, first announced on March 27, 2020. ...more
Given the rapid spread and implications of the novel coronavirus (COVID-19), employers are confronting difficult questions regarding how to handle safety and health rules, travel restrictions, privacy of employees’ health...more
3/17/2020
/ Anti-Discrimination Policies ,
Business Continuity Plans ,
Canada ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Foreign Nationals ,
Health and Safety ,
Immigration Procedures ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Sick Leave ,
Travel Restrictions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
At the time this Insight was prepared, there were eight reported cases of the coronavirus in Canada; three are in Ontario and five in British Columbia. The first of these cases was confirmed on January 25 and the last was...more
2/19/2020
/ Bereavement Leave ,
Best Practices ,
Canada ,
China ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Benefits ,
Employer Liability Issues ,
Infectious Diseases ,
International Travel ,
Leave of Absence ,
Medical Leave ,
OHSA ,
Paid Family Leave Law ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Travel Restrictions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
Ontario: Bill 124, for a Sustainable Public Sector for Future Generations, Enacted -
New Legislation Enacted -
On November 7, 2019, the Ontario government passed Bill 124, the Protecting a Sustainable Public Sector for...more
1/31/2020
/ Canada ,
Cannabidiol (CBD) oil ,
Cannabis Products ,
Deadlines ,
Decriminalization of Marijuana ,
Hiring & Firing ,
International Labor Laws ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Ontario ,
Public Sector ,
Wage and Hour ,
Wages
In Teamsters Local Union 847 v Maple Leaf Sports and Entertainment, 2019 CanLII 95328 (ON LA), a part-time restaurant employee in Ontario, Canada with two years’ seniority was discharged from her employment because her...more
1/28/2020
/ Absenteeism ,
Arbitration ,
Attendance ,
Canada ,
Collective Agreements ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Employment Standards Act ,
Filing Grievances ,
Food Service Workers ,
Labor Regulations ,
Ontario ,
Part-Time Employees ,
Restaurant Industry ,
Teamsters ,
Termination ,
Unions ,
Wage and Hour
In a recent appeal to the Divisional Court of Ontario’s Superior Court in Shete, Lada, and Chung v. Bombardier Inc., 2019 ONSC 4083, the court applied the most basic principle that serves as the foundation of common law...more
12/20/2019
/ Canada ,
Common Law Claims ,
Contract Terms ,
Dispute Resolution ,
Employment Standards Act ,
Legal Fees ,
Ontario ,
Reimbursements ,
Settlement Agreements ,
Settlement Negotiations ,
Statement of Claim ,
Termination ,
Wage and Hour ,
Wrongful Termination
With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more
10/25/2019
/ Canada ,
Damages ,
Disability Discrimination ,
Employee Definition ,
Employee Rights ,
Flexible Work Arrangements ,
Hiring & Firing ,
Holiday Pay ,
Incentive Compensation ,
Independent Contractors ,
International Labor Laws ,
Labor Regulations ,
Labour Code ,
Leave of Absence ,
Misclassification ,
Over-Time ,
Unions ,
Wage and Hour
Members of the Baby Boom generation often remained in one job throughout their working lives. It is now more common for employers to receive résumés from millennials (born between 1981 – 1996) who have had numerous jobs...more
10/21/2019
/ Appeals ,
Canada ,
Elder Care ,
Employee's Childcare ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Family Status Discrimination ,
Flexible Work Arrangements ,
Judicial Review ,
Ontario Human Rights Tribunal ,
Reasonable Accommodation ,
Wage and Hour ,
Work Schedules
The Canadian federal election is just around the corner—Monday, October 21, 2019 (Election Day). The Canada Elections Act sets out the law regarding employees’ voting entitlements on Election Day, as well as employer...more
A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more
8/1/2019
/ Appeals ,
Canada ,
Corporate Counsel ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Franchise Agreements ,
Franchises ,
Gig Economy ,
Independent Contractors ,
Misclassification ,
Risk Management ,
Supreme Court of Canada ,
Wage and Hour
A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October....more
7/24/2019
/ Canada ,
Corporate Counsel ,
Equal Pay ,
Flexible Work Arrangements ,
Independent Contractors ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Leave of Absence ,
Maternity Leave ,
Misclassification ,
Over-Time ,
Parental Leave ,
Vacation Leave ,
Wage and Hour
Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (“Bill 66”) received Royal Assent on April 3, 2019. Amendments to the Employment Standards Act, 2000 (“ESA”) made by Bill 66 have not changed since we first reported on...more
Employers with employees in Ontario often ask about legislative requirements under various employment statutes, including mandatory policies, training and postings under the Employment Standards Act, 2000, the Workplace...more
3/8/2019
/ Canada ,
Employee Rights ,
Employee Training ,
Employer Mandates ,
Employment Standards Act ,
International Labor Laws ,
Ontario ,
OSHA ,
Posting Requirements ,
Sexual Harassment ,
Strict Compliance ,
Wage and Hour ,
Workplace Safety
It appears there is a movement afoot in Ontario to change behavior around the classification of employees as independent contractors. ...more
3/5/2019
/ Canada ,
Class Action ,
Employee Definition ,
Employer Liability Issues ,
Employment Standards Act ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Ontario ,
Rulemaking Process ,
Wage and Hour
Canada saw significant developments in labour and employment law in 2018. As we embark on a new year, we will undoubtedly see the landscape in this ever-changing area of law continue to evolve. ...more
1/15/2019
/ #MeToo ,
Canada ,
Corporate Counsel ,
Criminal Background Checks ,
Decriminalization of Marijuana ,
Employment Discrimination ,
Human Rights ,
International Labor Laws ,
Labor Code ,
Labor Regulations ,
Labor Relations ,
New Legislation ,
Pay Equity Laws ,
Pay Transparency ,
Popular ,
Sexual Harassment ,
Termination Clauses ,
Wage and Hour
On December 6, 2018, Bill 66, Restoring Ontario’s Competitiveness Act, 2018 (“Bill 66”), passed First Reading. If Bill 66 is passed in its current form, it will impact several statutes in the province. ...more
12/13/2018
/ Administrative Authority ,
Canada ,
Employee Rights ,
Employment Standards Act ,
International Labor Laws ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Ontario ,
Over-Time ,
Posting Requirements ,
Proposed Legislation ,
Wage and Hour
On October 23, 2018, the Ontario government announced its intent to repeal amendments made by Bill 148, The Fair Workplaces Better Jobs Act, 2017 (Bill 148). Bill 148, which received Royal Assent on November 27, 2017, made...more
10/29/2018
/ Canada ,
Equal Pay ,
International Labor Laws ,
Labor Regulations ,
Labor Relations ,
Legislative Agendas ,
Minimum Wage ,
Ontario ,
Proposed Legislation ,
Recordkeeping Requirements ,
Unpaid Leave ,
Wage and Hour ,
Work Schedules
Bill C-74 Receives Royal Assent-
New Legislation Enacted-
Bill C-74, the Budget Implementation Act, 2018, No. 1, received Royal Assent on June 21, 2018. Initiatives of interest to employers include allowing part-time...more
10/19/2018
/ Appeals ,
Canada ,
Contract Terms ,
Employee Benefits ,
Employment Contract ,
Equal Access ,
Impairment Rating Evaluations (IREs) ,
Independent Contractors ,
International Labor Laws ,
Labour Code ,
Legislative Agendas ,
Marijuana ,
Motor Vehicles ,
Ontario ,
Part-Time Employees ,
Pending Legislation ,
Public Access Laws ,
Termination Clauses ,
Wage and Hour
British Columbia Extends Family Leave Policies -
New Legislation Enacted -
On May 17, 2018, British Columbia amended legislation to give employees in the province pregnancy, parental, and compassionate care leaves. ...more
8/2/2018
/ Appeals ,
Canada ,
Constitutional Challenges ,
Criminal Background Checks ,
Disability Discrimination ,
Employee Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Human Rights ,
International Labor Laws ,
Medical Marijuana ,
New Legislation ,
Ontario ,
Paid Family Leave Law ,
Pay Transparency ,
Wage and Hour