Ontario’s Bill 148, Fair Workplaces, Better Jobs Act, 2017, continues to move through the legislative process. On September 12, 2017, the Second Reading of Bill 148 commenced. To bring you up to speed on the current proposals, and in addition to our previous articles here and here, we provide the following overview of the key changes that are currently proposed. Continue Reading Bill 148: Update on Key Changes

In a recent blog post, we wrote about Bill 148, Fair Workplaces, Better Jobs Act which seeks to amend Ontario’s existing employment standards and labour relations legislation. Since then, Bill 148 has continued to move through the legislative process with committee hearings being held throughout the summer to discuss further changes to the Bill before it may be passed into law.

The Standing Committee on Finance and Economic Affairs met on August 21, 2017. A number of proposals were put forward. The following is a summary of the motions that were passed and will be incorporated into Bill 148. Continue Reading Bill 148: Standing Committee Meeting Signals Changes to ESA & LRA Amendments

We recently wrote about the Ontario government’s proposed changes to the province’s employment standards and labour relations legislation – see our blog posts here and here. On June 1, 2017, the Minister of Labour, the Honourable Kevin Flynn, introduced legislation to affect these changes. Continue Reading Early Approval Across Party Lines for ESA & LRA Amending Legislation

The Ontario government has announced that it will introduce legislation, The Fair Workplaces, Better Jobs Act, 2017, in the coming days to reform the province’s employment standards legislation. The announcement follows last week’s release of the Changing Workplaces Review Final Report which contained a myriad of recommendations for reforms to benefit employees.[1]

The key changes to the Employment Standards Act, 2000 (“ESA”) that the government has indicated will be included in the proposed legislation are summarized below. Continue Reading Ontario Responds Quickly to Strengthen ESA

On May 23, 2017, Ontario’s long-anticipated Changing Workplaces Review Final Report (“Report”) was released.  The Report contains 173 recommendations for changes to the province’s employment standards and labour relations laws.

The final recommendations would, if legislated, have a significant impact on the application of labour and employment laws to franchised businesses operating in Ontario.  To help businesses prepare for the possibility of these significant reforms, we have summarized below the recommendations that would most significantly impact the franchise industry. Continue Reading Ontario’s Changing Workplaces Review Takes Aim at Franchise Industry

In the recent decision of Covenoho v. Pendylum Ltd., 2017 ONCA 284, the Ontario Court of Appeal put an end to any debate about the enforceability of termination provisions in employment agreements that may violate minimum employment standards legislation in the future. The takeaway for employers from the case is as simple as it is noteworthy: a termination provision that breaches minimum employment standards legislation in the future – even if compliant at the time of the employee’s termination from employment – is void and therefore will not be enforced. Continue Reading Into the Void: Potential Future Violations of ESA Sufficient to Set Aside Employment Contract

On March 22, 2017, the Canadian Federal Government released Budget 2017: Building a Strong Middle Class (“Budget 2017”) which proposes more flexible parental, maternity and caregiving leaves and Employment Insurance (“EI”) benefits to support employees in balancing work and their family responsibilities. Continue Reading Federal Budget Changes to Parental, Maternity & Caregiving Leaves

To ring in the New Year, we highlight the ten most significant developments in Canadian labour and employment law in 2016: Continue Reading Top 10 Canadian Labour & Employment Law Developments of 2016

Earlier this year, we wrote about the US Department of Labor’s (DOL) publication of the Final Rule, which significantly increased the minimum salary an employee must earn to qualify for the “white collar” exemption and the highly compensated employee exemption under federal law (see our blog post here). However, on November 22, 2016, a federal court in Texas blocked the enactment of the amendments that were set to go into effect next week on December 1, 2016. Finding that the DOL had exceeded its authority in increasing the salary basis for these exemptions, the court entered a nationwide preliminary injunction against the amendments going into effect.

For further information about the court’s preliminary order and our recommended actions for employers with operations in the US, please read our client alert.