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On July 27, 2016, an Ontario court certified a class action against Just Energy, a natural gas and electricity retailer, in which 7,000 of its sales agents claimed they were misclassified as independent contractors.

The case, Omarali v. Just Energy, is the first of its kind to be certified in Canada. If the sales agents are successful, the company could face large liabilities relating to unpaid wages (including overtime, vacation and public holiday pay) and unremitted income taxes and other required deductions. Continue Reading First in Class: Independent Contractor Class Action Certified in Canada

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Does the workplace extend into cyberspace?  In a precedent setting decision with potentially far-reaching implications, a labour arbitrator has found an employer liable for failing to protect its workers from harassment and discrimination in customer posts on the employer’s Twitter account (Toronto Transit Commission and ATU, Local 113, 2016 CarswellOnt 10550).  Employers using social media to communicate with clients, customers or the general public may need to rethink how to they respond to uncivil, abusive or threatening online posts targeting their workers. Continue Reading Are Employers Responsible for Protecting Their Employees on Social Media? “Yes” According to a Recent Decision

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Catch ’em all!  Pokémon Go is a mobile game that uses “augmented” reality to create a virtual scavenger hunt.  In the quest to catch ’em all, over 15 million people have downloaded the Pokémon Go game since its recent release.  Employers have grappled with employees’ personal use of electronic devices during work hours since gaming fads such as Candy Crush and Draw Something were released.  However, beyond creating a simple distraction in the workplace, the explosion of Pokémon Go subjects employers to potentially costly risks, including worker safety issues, lost productivity, data breach possibilities, and misuse of company resources. Continue Reading Pokémon Whoa – Reality Game App Creates Unprecedented Risks for Employers

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Canadian businesses with operations in the United States should be aware that the US Equal Employment Opportunity Commission (“EEOC”) recently unveiled its amended proposal to collect summary pay data from employers with 100 or more employees. Under the proposed amendments, employers who already file an Employer Information Report (EEO-1) will be required to also report pay to US employees by gender, race, and ethnicity, across 12 pay bands, by March 31, 2018. Covered employers should start considering now how to adjust their pay, collection, and reporting processes for their US operations.

To learn more about the proposed regulation’s impact on employers, please click here.

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The following article, authored by my colleagues Susan F. Eandi, Louise Balsan and Caroline Burnett, examines the importance of global employment handbooks and why multinationals cannot simply rely on their domestic handbook as they expand abroad. The authors present three primary approaches for multinationals to consider as they prepare their global handbooks. Although written in the context of U.S. multinationals, many of the principles discussed in the article have application to Canadian multinationals as well.

Continue Reading Global Employment Handbooks: 1 Size Does Not Fit All

Fotolia_95822263_S-1-1200x762_cThis morning’s announcement that the British public have voted in favour of a so-called “Brexit”, has the potential to be one of the most significant events in recent British history. The precise implications of Brexit will depend upon exactly how the UK’s future relationship with the EU will be structured. We have put together an updated briefing to help businesses with operations in the UK understand how employment law might be affected by the Brexit, identifying the various types of relationship with the EU which the UK may adopt in place of full membership. A copy of the briefing can be found <HERE>.

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DOL Podcast Web BannerSince the highly anticipated overtime rule was announced on May 18, 2016, the U.S. Department of Labor’s changes have been top of mind for Canadian businesses with operations in the U.S., and our clients have reached out to us with a number of questions regarding the Final Rule’s impact on their organizations. In this podcast, we address the most common questions clients have asked Baker & McKenzie, and we provide our recommendations for the steps employers should take to comply. Follow this link to listen to the podcast.

Podcast Speakers:

Emily Harbison | Arthur Rooney | Ryan Vann | Kevin Whittaker

For further information on the Final Rule, please see our earlier post.

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img3867_s-2016_ZenithWe are pleased to announce that Donna M. Walwyn, Partner, is a recipient of the 2016 Lexpert Zenith Awards. The Awards recognize those who demonstrate excellence, action and thought leadership ways that advance diversity and inclusion in the legal profession and society. Continue Reading Advancing Diversity in the Legal Profession

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Starting June 10, 2016, Ontario employees have increased protection regarding the tips and gratuities left by customers. As we discussed in a previous post, Bill 12 amends the Employment Standards Act, 2000 (“ESA”) to prohibit employers from withholding, making deductions from, or collecting tips or other gratuities from employees, unless authorized to do so under the ESA.

Continue Reading Keep the Change! New “Tips” Legislation Coming Into Force

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In the recent decision of Hamilton-Wentworth District School Board v. Fair, 2016 ONCA 421, the Ontario Court of Appeal (“ONCA”) upheld the Human Rights Tribunal of Ontario’s 2013 decision to reinstate an employee, more than 10 years after her employment was terminated. By the time of the ONCA’s decision, almost 15 years had passed since the original termination.

The ONCA’s decision may encourage other decision-makers to order reinstatement as a remedy in discrimination cases. The decision also highlights the importance of considering all possible positions, vacant or not, in order to meet the duty to accommodate employees with disabilities.

Continue Reading More Reinstatements on the Horizon in Discrimination Cases?