Franchise businesses come with their own unique blend of benefits and challenges, but a rarely discussed area is the intersection of franchise law with employment law. Continue Reading Hidden Employment Liabilities for Franchisors: What You Need to Know in Ontario
With Halloween officially behind us, it’s time to pitch the pumpkins, finish up that leftover candy, and pack up the spiderweb decor for another year.
But beyond leftover treats and lingering decor are there any ghosts and goblins lurking that might keep things a little too spooky during the upcoming holiday season? By proactively addressing some key issues in the workplace employers are in a much better position to keep spooky season where it belongs and focus instead on the bright times of the upcoming holiday season. Continue Reading Keeping Spooky Season Where it Belongs: Essential Tips for a Smooth Holiday Season
As discussed in previous blog posts in our farming series, the Employment Standards Act, 2000 (“ESA”) outlines farming exemptions, This allows certain employers flexibility under the ESA, particularly when it comes to hours of work, overtime, and rest periods.
The crux is that not every worker at every farm automatically falls under the ESA’s exemptions – there are important scenarios where this exemption may not apply. Farm owners and operators must understand the limits of these rules – failure to do so can lead to costly legal consequences.Continue Reading Look Out! When the Farming Exemption Does Not Apply
In Canada, firing someone means more than just showing them the door—you’ll probably also be holding it open, offering them severance, and making sure you’re nice about it to avoid bad faith damages.
For U.S. employers with a Canadian workforce, there are several key differences in employment law, especially when it comes to terminating employees. Continue Reading Guide for US Employers Terminating a Canadian Employee
Workplace investigations, especially those involving harassment allegations, require a clear and consistent process. Employers in Ontario must be diligent in their approach to ensure compliance with the Occupational Health and Safety Act (OHSA), maintain a safe work environment, and protect the rights of all parties involved.
A well-defined process is crucial for three main reasons: it ensures legal compliance, fosters trust among employees and reduces the risk of liability for the employer. Continue Reading The Importance of Process in Workplace Investigations
Let’s say someone has applied for a job at your business, and the best way for you to assess their suitability for the job is not through reading their resume or conducting an interview, but by observing them while they actually do the job they have applied for.
So, you ask them to come in for one or two “trial shifts”, in lieu of an interview, to see if they’re a good fit.
Does this “trial period” count as work, and does the candidate need to be paid? Recent changes to the Ontario Employment Standards Act, 2000 (“ESA”) say yes. It’s true what they say: nothing in life is free. Continue Reading No Free Trials: Ontario Employees Need to be Paid for Trial Periods
Are you an Ontario farmer employer navigating the complexity of the special farm worker rules? This is the first of a few posts that will walk through the main employment law issues to consider for your agricultural employees.
In Ontario, the Employment Standards Act, 2000 (“ESA”) sets out the minimum standards for most employees, but there are specific exemptions for farm workers. These exemptions recognize the unique demands of agricultural work, which often require flexibility due to seasonal and weather-related factors. Continue Reading Understanding your Farm Worker ESA Exemptions in Ontario
We have a short and sweet summer in Canada. Getting outdoors is a sacred rite for all, given how short our summer is. So how should employers balance that instinct with the fact that the business must go on?
Here are some best practices for the mixed bag of common summertime workplace law issues.Continue Reading Employment Law around the Campfire: Best Practices for Summer Workplace Law Issues
Defenses to OHSA Charges
Introduction to Due Diligence
Have you ever wondered what happens if your workplace faces charges under the Ontario Occupational Health and Safety Act (OHSA)or other similar legislation?
What steps should you take, and what defences are available to you? Navigating these charges can be complex, but understanding the due diligence defence is crucial.Continue Reading OHSA Series: Due Diligence Primer
Gen AI is here. This may feel very abstract and irrelevant to many of our employees but may be a significant source of stress and worry for others.
This is more than another department change that employees need to evolve with. In the same way that computers have transformed how we all do our jobs in less than a generation, AI is quickly taking us to that next level of processing information using everything computers have already brought us.Continue Reading Rolling out Gen AI in the Workplace