Employment Standards

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The Ontario Government is abandoning its current method for calculating public holiday pay which came into effect under the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”). Employers will need to revert back to the previous calculation method, although this reversal is only temporary. Ontario plans to introduce yet another calculation method following a review of the public holiday system, which is proposed to occur later this year.
Continue Reading Ontario Reverts Back to Previous Public Holiday Pay Calculation (For Now)

Canada’s national newspaper, The Globe and Mail, recently hosted its Solving Workplace Challenges 2018 conference and followed up with a full page article featuring insights from Chris Burkett’s panel discussion on pressing topics in employment law. See the excerpt below or access the complete article here.
Continue Reading Cannabis@Work – The Globe and Mail features Baker McKenzie Partner, Chris Burkett

On April 1, 2018, employers in Ontario will be subject to the new equal pay provisions under the Employment Standards Act  (“ESA”) brought in by Bill 148. As a general rule, employers can no longer establish distinct pay rates based on a “difference in employment status”, defined as follows:
Continue Reading Compliance Check: Do Your Pay Rates Comply with Bill 148?

Bill 148: Review & Compliance Check

We invite you to join Baker McKenzie’s Employment & Compensation Group in Toronto on February 28, 2018 as we review key changes under Ontario’s Bill 148 and provide practical guidance to assist you in meeting the new legislative requirements. For the event details and to register, please click here

Ontario employers face a number of new challenges in 2018 as a result of the Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”). To help employers navigate the many changes under Bill 148, we have outlined the key changes that employers need to be aware of. We have also indicated planning actions to consider in view of these changes.
Continue Reading Bill 148: Key Changes & What to Do About Them

Last week, Employment and Social Development Canada confirmed that new Employment Insurance (“EI”) parental, maternity and caregiving benefits will come into force on December 3, 2017. The new EI benefits were proposed in Federal Budget 2017 (see our previous blog post here) to support employees who need time off work due to life events. The key changes are outlined below.
Continue Reading December 3 Brings New EI Parental, Maternity & Caregiving Benefits

In its recent decision in North v. Metaswitch Networks Corporation, the Ontario Court of Appeal concluded that a severability clause could not be used to “rewrite” or “read down” a termination provision to make it comply with the Employment Standards Act (the “ESA”). Instead, the Court of Appeal held, where any part of a termination clause is void, the entire provision must be struck and the severability clause becomes inoperative. This case is a reminder to employers that there are no shortcuts when it comes to drafting your employment agreements—termination provisions must be carefully drafted to limit termination liability without breaching local employment standards.
Continue Reading Severability Clause Cannot Save Illegal Termination Provision, Court of Appeal Rules

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