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Ontario Employer Advisor Keeping Employers Advised on Developments in Labour and Employment Law

Tag Archives: ESA

Vacation in Ontario: 10 Things Employers Need to Know

Posted in Employment Standards, vacation

As many employees take time off from work to enjoy the summer months, employers often have questions regarding the calculation of employees’ vacation pay and the scheduling of their vacation time.

To assist provincially-regulated employers in Ontario, we have compiled a list of the ten statutory vacation requirements employers must meet to comply with Ontario’s Employment Standards Act, 2000 (the “ESA”).

  1. The obligation to provide vacation arises upon completion of each “vacation entitlement year”.  An employee becomes entitled to vacation after each 12-month vacation entitlement year, which usually begins on the employee’s hire date. Where the employer establishes
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Ministry of Labour Compliance Blitz – The Results are In

Posted in Employment Standards, Hours of Work, Investigations, Ministry of Labour, Overtime, Pay, Wage and Hours

Last year’s Ontario Ministry of Labour (“MOL”) compliance blitz reveals that employers are having difficulty maintaining basic employment standards. From May 1 to July 31, 2015, the MOL conducted a series of workplace inspections which focused on compliance with core elements of the Ontario Employment Standards Act, 2000 (the “ESA”). The inspections targeted mainly sectors that employ “vulnerable or precarious workers” where the nature of employment is seasonal, part-time or temporary. The results do not trend well:

  • Of the 304 workplace inspections conducted by the Ministry, 232 (or 76%) employers were found not compliant with the ESA.
  • Over $361,000 was
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Ministry of Labour Goes After Unpaid Internships

Posted in Employment Standards, Interns, Wage and Hours

Lately, unpaid interns have been on the Ministry of Labour’s radar.  In June 2013 a policy statement was published which reminded employers that most unpaid internships run afoul of the Employment Standards Act, 2000 (“ESA”).  I wrote about this policy statement in a previous post.

In April 2014, arising out of a few high profile incidents involving the Walrus and Toronto Life magazine, the Ministry announced an enforcement “blitz” meant to determine whether unpaid interns in certain sectors of the economy were truly “interns” and therefore exempt from the ESA.  The results of that “blitz” have now been publishedContinue Reading

Ministry of Labour “Rings Up” $240,000 from Retail Inspection Blitz

Posted in Employment Standards, Investigations, Policies, Wage and Hours

A Ministry of Labour (“Ministry”) inspection is never a pleasant experience for employers. Ministry inspectors have very broad powers to enter the workplace and inspect company documents to ensure compliance with the Employment Standards Act, 2000 (“ESA”) or the Occupational Health and Safety Act (“OHSA”). Sometimes these inspections are random.  Sometimes they are initiated by an employee/union complaint. Most of the time, an employer is not aware or ready for an inspection.

Even though the Ministry has these powers, sometimes even a management lawyer has to give them credit. I say this because recently the Ministry of Labour has been … Continue Reading

Ontario Government Proposes Major Changes to Workplace Legislation

Posted in Employment Standards, Labour Relations, Occupational Health and Safety, Unions, Wage and Hours, Workers Compensation

On December 4, 2013, the Ontario government introduced Bill 146, the Stronger Workplaces for a Stronger Economy Act, 2013. Bill 146 implements some of the recommendations made by the Law Reform Commission of Ontario that submitted a report on vulnerable workers.

Although the bill has just been introduced, if it passes through the legislature and then receives royal assent, it will have a significant impact on workplace regulation in Ontario. Some of the key proposed changes (which are summarized in detail here) include the following:… Continue Reading

The Ministry of Labour is Coming for Retailers: 5 Common ESA Violations

Posted in Benefits, Compensation, Pensions, Employment Standards, Leaves of Absence, Wage and Hours

The Ministry of Labour (MOL) conducts inspections to ensure compliance with the Employment Standards Act, 2000 (ESA). The MOL targets employers in (as they put it) “sectors where there is a history of employment standards violations and where vulnerable workers are employed.” Thankfully, at least the MOL announces the targeted sector so that employers can prepare. This time, the target is the retail industry.

The “blitz” (as the MOL terms it) will take place from October – December 2013 and will deal with such issues as record keeping, deductions from pay, hours of work, eating periods, overtime pay, minimum wage, … Continue Reading

Careful How you Classify “Interns” – MOL Releases Policy Statement

Posted in Employment Standards, Labour Relations

It is a fact of life for some entering the labour market – the unpaid internship. For young workers, it is an opportunity to gain experience in a desired field.  For employers, it is an opportunity to have recent graduates perform necessary work or apprenticeship at less cost all while assessing suitability for continued employment. Perhaps the modern internship is best explained by the following:

 … Continue Reading

Deducting Overpayments from Wages

Posted in Employment Standards, Wage and Hours

The Ministry of Labour has recently come out with an animated (and fairly entertaining) video on employee deductions titled Illegal Deductions from Wages.

The MOL stresses that deductions from employee wages are not allowed except in “specific circumstances”.  While this is helpful in reinforcing the general rule that deductions from employee pay are generally restricted under the Employment Standards Act, 2000 (ESA), it is important to remember what these “specific circumstances” entail.… Continue Reading

47 Recommendations on Employment Standards and Health and Safety

Posted in Accommodation, Employment Standards, Human Rights, Occupational Health and Safety, Wage and Hours

On April 3, 2013, the Law Reform Commission of Ontario released a report (all 176 pages), Vulnerable Workers and Precarious Work: Final Report – December 2012.  The report is, in essence, a policy-heavy document reflecting the Commission’s views on how the Ontario government can better “respond to the challenges faced by vulnerable workers.” The Commission came up with a list of 47 “recommendations” dealing with legislative and policy reform of the Employment Standards Act, 2000 (ESA) and the Occupational Health and Safety Act (OHSA).

What is striking about the report (and what employers should be concerned about) is that … Continue Reading

Ontario Government Introduces Leaves for Caregivers

Posted in Accommodation, Family Status, Human Rights

On March 5, 2013, new Ontario Labour Minister Yasir Naqvi introduced Bill 21, the Employment Standards Amendment Act (Leaves to Help Families), 2013 (Bill 21). If passed, Bill 21 would create three new unpaid leaves of absence under the Employment Standards Act, 2000 (ESA): Family Caregiver Leave, Critically Ill Child Care Leave and Crime-Related Child Death and Disappearance Leave. As previously reported, the Government introduced similar amendments to those proposed in the Family Caregiver Leave section in the former Bill 30. Bill 30 died on the order paper with the prorogation of the Ontario legislature in October 2012.… Continue Reading