We are excited to share with you the BNN Bloomberg article, “As new work realities set in, here’s what employees should know.” Kevin Coon was interviewed for this article which addresses how employees should handle finances related to the workplace, including home office expenses, filing taxes, paid sick leave, and knowing what they can expect
Why Have a Playbook?
As provincial governments move towards reopening their economies and taking steps to return to normal, employers must balance a range of important – and, at times, conflicting – considerations.
Some of the key questions may seem obvious:
- Are we allowed to reopen and if so, when, and with what restrictions?
- What steps are required to keep employees and all other individuals who come into or onto our premises safe?
- How do we get our employees back to work, and what if they don’t want to return at this time?
- How will reopening impact the availability of government support programs for us and our employees?
Over the coming days, through a series of client alerts, we will explore these questions and more, providing detailed and practical guidance that employers can draw upon and adapt for their specific workplaces. The Canadian Employers’ Reopening Playbook will break down common employment-related issues employers should consider when:
- Planning the return to work process;
- Implementing the return to work process; and
- Operating in a changed environment.
On May 15, 2020, the Government of Canada announced that the Canada Emergency Wage Subsidy (“CEWS”) will be extended for an additional 12-week period to August 29, 2020. At the same time, the government announced retroactive regulatory changes, and legislative proposals expected to come into force at a later date. These changes were introduced in an effort to promote employment and stimulate economic recovery as restrictions are gradually lifted across Canada.
Immediate Changes to CEWS Eligibility:
The government introduced a series of regulations extending eligibility for the CEWS to the following categories of employers:
- Partnerships with one or more non-eligible members will be eligible so long as non-eligible entity partners control a minority of the partnership’s interests at fair market value during the qualifying period;
- Indigenous government-owned corporations that are carrying on a business and are tax-exempt under paragraph 149(1)(d.5) of the Income Tax Act, their wholly-owned subsidiaries that are carrying on a business and are tax-exempt under paragraph 149(1)(d.6) of the Income Tax Act, as well as partnerships where the partners are members of Indigenous governments and eligible employers;
- Non-public education and training institutions, including for-profit and non-profit private colleges, schools, and institutions (i.e., arts schools, language schools, driving schools, flight schools and culinary schools);
- National-level Registered Canadian Amateur Athletic Associations that are tax-exempt under paragraph 149(1)(g) of the Income Tax Act; and
- Registered Journalism Organizations that are tax-exempt under paragraph 149(1)(h) of the Income Tax Act.
As Ontario prepares to reopen the economy, the province is providing employers with safety guidelines to protect workers, customers, and the general public from COVID-19. The guidelines provide practical recommendations so that employers reopen in a safe and responsible way.…
Continue Reading Ontario Releases Safety Guidelines for Reopening to Protect Public from COVID-19
To navigate the most-pressing issues facing multinational employers amid the COVID-19 pandemic, the COVID-19 Global Employer Guide offers jurisdiction-specific guidance across 41 countries.
Download the Guide now to read the latest employment law guidance on issues including: legal requirements, practical and operational considerations, and emerging government regulation related to the outbreak.
For more information…
UPDATE: March 18, 2020
On March 18, 2020, the Canadian and US governments announced that the Canada-US border will be closing to all non-essential travel between Canada and the USA, such as travel for tourism or recreation. These border restrictions will take effect within “hours or days”. Both governments have indicated that today’s announcement is not intended to restrict commerce and trade. Cross-border entry will continue to be permitted to maintain essential services and supply chain processes. This includes workers who are traveling to provide essential goods and services, such as truck drivers and healthcare workers.…
Continue Reading Canada and US Governments Close Border to Non-Essential Travel
Today, after an official announcement that Canada and the United States have restricted all non-essential travel between the countries, Prime Minister Justin Trudeau and Minister of Finance Bill Morneau also announced a variety of measures intended to economically assist Canadians during the COVID-19 pandemic.
Below is a summary of the employment-related measures that have been confirmed so far. This is a rapidly evolving situation and we anticipate further changes and clarifications in the coming days. We are monitoring the situation closely, and will continue to communicate updates as soon as they become available.…
Continue Reading COVID-19 Update: Federal Government Restricts Border Crossings and Announces Measures to Assist Canadian Employers and Employees
Ontario Government Declares State of Emergency
The Government of Ontario declared a province-wide state of emergency in an effort to contain the spread of COVID-19. This will impact employers and employees.
The government ordered the closure of all facilities with recreational programs, public libraries, private schools as defined in the Education Act, licensed child care centres, movie and performance theatres, concert venues and bars and restaurants. Bars and restaurants that offer take out or delivery services can remain open for that purpose.…
Continue Reading Update on COVID-19: Impact on the Workplace in Ontario
The spread of the 2019 novel coronavirus — the virus responsible for COVID-19 — is now anticipated to reach pandemic levels. Officials from the Public Health Agency of Canada reiterate that the risk of a mass outbreak in Canada remains low, but have encouraged and enforced precautionary measures.
Employers should continue to be vigilant in ensuring a safe and healthy workplace. In addition to our previous client alert, employers should be mindful of the following checklist:
1. Appoint one or more coordinators who will be responsible for tracking and communicating the latest developments of COVID-19. The coordinator(s) should have the authority to make or advise on emergency decisions such as office closures and meeting cancellations.
- According to the size of the employer’s organization, a cross-functional team may be necessary with designated individuals to handle issues such as employee health and safety, medical/personal leaves and accommodations, communications, and compliance.
Claims alleging the misclassification of workers as independent contractors rather than employees are widespread. Properly classifying a worker’s status is critical because it determines substantive legal rights. In addition to independent contractors and employees, in Canada, there is a hybrid category — dependent contractors. To be classified as a dependent contractor, the contractor must be “economically dependent” on a particular client. Dependent contractor status may be found even where a worker conducts business through a corporation and hires employees to assist in the performance of the work.
In a significant decision, Canadian Union of Postal Workers v. Foodora Inc., the Ontario Labour Relations Board (the Board) held that couriers delivering food on behalf of Foodora Inc., an app based food delivery company, were dependent contractors under the Labour Relations Act, 1995 (the Act) and thus have the right to unionize under the Act. This is one of the first decisions commenting on the status of workers in the gig economy.