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
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 (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