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Last month, key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”), came into force. Employers are now required to have comprehensive policies and programs in place to address workplace harassment, along with detailed investigative procedures to be followed in response to complaints or incidents of harassment.

The latter requirement has led many employers to ask whether investigating is enough or if the employer can still be liable if the investigator gets it wrong. Continue Reading You Want Me to Do What? Guidance for the Newly-Appointed Workplace Harassment Investigator

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Key elements of Bill 132, Sexual Violence and Harassment Action Plan Act (Supporting Survivors and Challenging Sexual Violence and Harassment), 2016 (“Bill 132”) come into force today, amending the Occupational Health and Safety Act (“OHSA”). As a result, employers are required to implement comprehensive policies, programs, and investigative procedures to address workplace harassment. Bill 132 also expands the definition of “workplace harassment” to include “workplace sexual harassment”. Continue Reading Employers Take Note: OHSA Amendments Under Bill 132 are Now in Force!

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invite picture newJoin us on Tuesday, September 13, 2016 for a live seminar at our Toronto office. In our seminar, Navigating the Compliance Minefield – Part 1: Employer Responsibilities, a panel of top lawyers from our Toronto employment team will shed light on the compliance obligations for employment standards, occupational health & safety, and accessibility, including compliance with the new obligations in Ontario targeting workplace harassment. This seminar is part of our HR Hacks for a Less Complicated Workplace Seminar Series.

For the event details and to register, please click here.

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If you are a professional sports fan…you know what time of year it is. September 8th is the first day of the NFL season. In three weeks’ time the MLB playoffs will start. The world cup of hockey starts soon. The NHL season begins shortly thereafter. US College football season is already in full force.

If you are not… you might be asking so what? What does this have to do with employment law? What does this have to do with my workplace? Continue Reading Happy September! What are the odds that your employees aren’t gambling at work?

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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>.