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What Employers Can and Can’t Deduct from Employee Wages in Ontario

Accurate payroll management is essential for employers in Ontario. A common question is: What can we legally deduct from an employee’s wages? The short answer—very little, unless the employee has agreed, or the law requires it.

Ontario’s Employment Standards Act, 2000 (ESA) sets strict rules on wage deductions. However, some recent Ontario Labour Relations Board (OLRB) decisions have conflicting interpretations regarding whether employers can deduct overpaid vacation pay. Because OLRB decisions are not binding on courts, the law on this issue remains unsettled.

Continue Reading I Overpaid My Employee: What Now?

Determining appropriate common law notice periods for short-service employees remains one of the most debated topics in Ontario employment law. This is especially so when those employees are senior-ranking employees or executives. While long-service employees often expect generous notice periods, recent case law continues a long-evolving trend of courts willing to award significant notice to short-service employees. 

Continue Reading Common Law Notice Periods for Short-Service “Executives”: Trends from 2023-2025

Hiring workers like nannies, doulas, housekeepers, or gardeners can make life a lot easier for Ontario households, but it’s critical to understand the legalities involved. A key issue is whether the worker is an employee or an independent contractor. Misclassification can lead to financial liabilities, tax issues, and legal disputes.

Continue Reading Hiring Workers for Your Household in OntarioHiring Workers for Your Household in Ontario

As the holiday season approaches, it is a good time to revisit lessons from highly pertinent employment law cases. One case that stands out is Matthews v. Ocean Nutrition Canada Ltd. (“Matthews”), which serves as a key reminder for employers regarding bonuses, commissions, and shares potentially owed to employees after termination.

Although this case was decided a few years ago, the principles remain highly relevant, particularly during the end of the year when many employers are planning reviews of compensation plans for the following year and paying out holiday bonuses. 

Continue Reading All I Want for Christmas Is… My Bonus (Even After Termination!)

The holiday season is a time when many employers want to show appreciation to their employees. Gift cards are a popular and convenient choice for recognizing hard work and spreading some seasonal cheer.

But employers need to be aware of the employment and tax implications of gifting gift cards, especially here in Canada. Missteps can result in unintended financial consequences for both the employer and the employee.

If you’re planning to hand out gift cards this year, here’s what you need to know.

Continue Reading Keeping Gift Giving Jolly: How Employers Can Avoid Tax Surprises

As holiday fanatics, our team has had a countdown to the key holiday dates going on for some time now. Yet, even with a countdown many of us have been struck by just how few days remain before the New Year.

If you are similarly surprised and like us thinking about what’s to come for 2025, read on for some of the key workplace and employment law takeaways from 2024 and what to know for 2025:

Key Takeaway: New Legislative Changes

Continue Reading Key Workplace Takeaways from 2024 and What to Know for 2025

The holiday season is upon us, bringing a mix of joy and challenges for businesses of all sizes. This time of year can be a balancing act between meeting increased operational demands, ensuring compliance with regulations, and fostering a positive work environment.

Here’s how you can make this holiday season a success for your business and your team.

Plan Ahead for Staffing and Scheduling

The holidays can bring unique staffing challenges. If your business sees a surge in activity, now is the time to consider hiring seasonal employees.

Continue Reading Preparing Your Workplace for the Holiday Season

In an era of heightened political tensions, employees increasingly express their political beliefs at work. While engaging in discussions about societal issues can be healthy, these expressions sometimes lead to friction among colleagues and risk disrupting workplace harmony.

Employers in Ontario need to navigate this complex terrain carefully, balancing the rights of individuals to express their views with the need to maintain a respectful and productive environment.

Continue Reading Managing Political Expression in Ontario Workplaces

Navigating Terminations and Severance Pay in Ontario’s Farming Sector

The farming sector in Ontario is unique in many ways, and employment laws reflect that. One area of concern for both farm owners and workers is how terminations and severance pay are handled under the Employment Standards Act, 2000 (“ESA”).

What Does the Farming Exemption Cover?

The farming exemption, as outlined in Ontario Regulation 285/01 under section 2(2), excludes farm workers from certain ESA provisions such as hours of work and overtime pay. These exemptions are designed to reflect the unique demands of agricultural work, which can be highly seasonal and subject to the unpredictability of weather and harvest cycles. However, these exemptions have their limits. 

Continue Reading Thinning the Herd: Terminations and Severance for Ontario Farms

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