Legislative & Regulatory Changes

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Canadian businesses with operations in the United States should be aware of recent and significant changes to the overtime rules. Yesterday, the US Department of Labor (DOL) published the long-awaited amendments to the “white collar” exemptions for executive, administrative, and professional employees, as well as the provision governing highly-compensated employees.  The Final Rule significantly increases the minimum salary an employee must earn to qualify for a white collar exemption and for the highly compensated employee exemption under federal law.  The increased minimum salary must be implemented by December 1, 2016, which gives employers approximately 200 days to prepare for and comply with the Final Rule.
Continue Reading US Department of Labor Publishes Final Overtime Rules

The federal government recently implemented a more stringent compliance regime which directly affects employers using a work permit stream to hire foreign talent in Canada. New compliance and enforcement regulations are here to stay, including the most recent introduction of Administrative Monetary Penalties (AMPs) which took effect on December 1, 2015.
Continue Reading 4 Month Check-Up: Is Your Business Ready for an Immigration Inspection?

The Liberal Government recently introduced new immigration programs and initiatives in support of their stated mandate of promoting multilateralism. The Government has also highlighted the need to bolster security efforts within Canada and has introduced a new security requirement for certain foreign nationals travelling to Canada by air.

Canadian employers should be aware of the following developments:Continue Reading Canadian Immigration Update: Top 4 Developments Employers Need to Know

On December 3, 2015, the Ontario Legislature’s Bill 113, the Police Record Checks Reform Act, 2015, (the “Act”) received Royal Assent. The Act represents the first provincial legislation of its kind to provide a comprehensive framework aimed at establishing a consistent standard governing how a “police background check” (“PBC”) is requested, conducted and disclosed in the Province.
Continue Reading Police Record Check Reform Act: Restricting Employer Flexibility in Favour of Individual Privacy

On December 10, 2015, Bill 109, the Employment and Labour Statute Law Amendment Act, 2015 (the “Act“) received Royal Assent. The Act introduces new labour relations provisions for two large groups of employees in Ontario: firefighters and public sector employees. Most significantly, the Act also amends the Workplace Safety and Insurance Act, 1997 (“WSIA“), increasing employer liability (retroactively, in some cases) regarding workers’ compensation claims and survivor death benefits.
Continue Reading Retroactive Liability and Other Amendments to Labour and Employment Legislation in Ontario

Our regular readers will recall our previous posts (here and here) on upcoming changes to the Employment Standards Act.  On February 20, 2015, some of these changes will be coming into effect:

  • There will no longer be a limit on the amount that can be ordered for unpaid wages due to an

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On July 16, 2014, the Ontario Government introduced  Bill 18, Stronger Workplaces for a Stronger Economy Act, 2014.  The Bill proposes changes that would (among other things) remove existing limits on unpaid wage claims, make temporary help agencies and their clients jointly liable for unpaid wages, and impose automatic adjustments to minimum wage based on the Consumer Price Index.
Continue Reading Six Changes to Ontario Employment Legislation Proposed

On July 1, 2014, key components of Canada’s “anti-spam legislation” came into force, but the full impact is still uncertain, particularly with respect to labour relations communications.  Our colleague, William Watson, has posted an interesting article on this in his blog, The Legal Playing Field.  Click here to read.