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

Tag Archives: overtime

Hiring Seasonal Workers for the Holidays? 10 Things Employers Need to Know

Posted in Employment, Employment Agreements, Employment Standards, Hours of Work, Occupational Health and Safety, Overtime, Pay, Recruiting, Retail, Seasonal/Temporary Employees, Termination, training, Wage and Hours

As retailers and other seasonal employers gear up for the holiday rush, many hire additional temporary staff to ensure they are ready for crowds of shoppers and extended holiday hours.

In preparation for this time of year, we made a list (and checked it twice!) of issues that Ontario seasonal employers should keep in mind in relation to these employees:

Recruitment & Hiring

  • Avoid Human Rights Concerns in Interviews. When hiring employees to work during the holiday season, it may be tempting to ask questions which directly or indirectly result in the disclosure of information relating to the prohibited
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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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Overtime and Hours of Work Violations in Class Action Litigation

Posted in Labour Relations

Did you know?  Employers who unwittingly violate hours of work and overtime requirements of employment standards legislation can be building up huge financial liability.

Although hours of work and overtime provisions themselves may seem straightforward, their practical application can be complicated and confusing.  This is particularly true where employee pay is not based on an hourly wage.  Several recent cases have shown that where non-compliance is widespread and affects a number of employees, an organization may find itself embroiled in class action litigation.… 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

Five Employment Issues Facing Retailers

Posted in Accommodation, Discrimination, Employment Standards, Human Rights, Leaves of Absence, Wage and Hours

This post was republished in the August 2013 issue of the Canadian Labour Relations and Employment Topics newsletter, published by CCH Canadian Limited.

I am fortunate in my practice to work with clients in different industries, ranging from healthcare and social services to traditional manufacturing. Although employment laws generally apply to all industries in much the same way, there are usually certain issues that some industries face more than others. This is true of many clients I assist in the retail industry.… Continue Reading