In our connected age, work often creeps beyond the set hours of the workday. See my last post about legislating the right to disconnect for more on this. We often get questions from employers and employees about whether salaried workers should be getting paid for these extra hours and what exactly counts as “overtime.” Let’s … Continue Reading
The right to disconnect has been in the news lately following the release of the federal government’s report on their year-long consultations about modernizing the federal Canada Labour Code. Have a look at the full report: What We Heard: Modernizing Federal Labour Standards. 93% of respondents stated that employees should have the right to refuse … Continue Reading
Technology has impacted our privacy in a myriad of ways. One crafty use of technology that we see more and more in workplace disputes, is employee made audio recordings. Employees are turning on their voice memo apps before they go into important meetings and covertly recording their conversations. While undeniably an audio recording is great … Continue Reading
Summer is almost over. I’m looking forward to kids going back to school and enjoying our last public holiday of the season. On the topic of public holidays; I’ve blogged aboutLabour Day in the past and we have followed along with the various changes (and reversals of those changes) made by Bill 148 to the … Continue Reading
Further to our post last week about key employees leaving, employers may wonder about risks to their business and options for recourse if that key employee leaves and sets up a competing shop next door. There are three main potential risks presented by a departing key employee: Misuse of employer confidential information Setting up a … Continue Reading
This post is a quick update to our past posts on the legalization of cannabis. You can see everything we have written about the legalization of cannabis and how to prepare your workplace here. More changes are afoot to Ontario’s planned rollout of recreational cannabis. The Doug Ford government has reversed the previous administration’s plan … Continue Reading
The Canadian government’s legalization of recreational cannabis has again lately been a hot news item. Initially, there were some reports that recreational cannabis was to be legalized this week, by July 1, 2018. For a variety of reasons that date has been pushed back. Legalization is now set for October 17, 2018. For more details … Continue Reading
I love technology and embrace the changes it brings to the workplace. One way we see a big shift is the rising popularity of remote working. Our firm, SpringLaw, is totally remote so perhaps I have a slight bias, but remote working has several advantages. Remote working can also present some challenges. Employers interested in … Continue Reading
Remembrance Day in the Spring? With long weekends on the horizon as summer finally rolls in, we turn our minds to the holiday that only some of us get off – Remembrance Day. Spring discussion of Remembrance is, in fact, timely. In March 208, a law amending the Holidays Act passed in the House of … Continue Reading
By now everyone should know that sexual harassment is not permissible in the workplace, but even amidst the flurry of allegations we have seen in the #metoo era, exactly what constitutes sexual harassment might still be a little fuzzy. With love in the air today, workers across the land might be wondering, can I ask … Continue Reading
Merry Christmas! Wait. What? Can we still say that in public? Why yes, we can, but not at the cost of excluding all other religions in the workplace. For those that do not celebrate Christian holidays (and/or secular commercial holidays derived from Christian traditions), focusing only on Christian traditions can feel like exclusion. It’s hard … Continue Reading
The Liberal government has introduced changes to the federal parental leave benefits program. Details of the changes were announced early November and are set to come into force on December 3, 2017. This change is separate from the various Bill 148 changes coming down the pipe. What’s New? These are not additional monetary benefits, but … Continue Reading
Bonus entitlement is always a juicy topic. In September the Ontario Superior Court of Justice released a decision that shed some light on the issue of how entitlement to a bonus will be treated where an employer has no formal bonus policy, but a consistent past practice. In Fulmer v. Nordstrong Equipment Limited, a wrongful … Continue Reading
Last night I attended a @GirlGeeksTO discussion about sexual harassment at work. The room held 100 diverse women in tech, largely at the earlier stages of their career and keen to continue to develop their professional relationships and skills to advance in their fields. The #metoo movement has dramatically highlighted on all of our social … Continue Reading
I blogged about pot in the workplace early this past August – see my post here. The legalization of marijuana made the news again, as Ontario announced its plans with respect to how the legal sale of marijuana will be practically rolled out. Basically, the LCBO will run 150 retail outlets selling marijuana, and it … Continue Reading
Trans rights have been in the news a lot lately. During his eventful tenure, President Trump has eroded existing protections for transgendered individuals in the United States. This winter he removed protections for transgendered students in public schools that allowed them to use the bathroom of their gender expression, and not their physical sex. At … Continue Reading
This spring the largest penalty to date was issued under Ontario’s Personal Health Information Protection Act (“PHIPA”). A social work student was convicted of accessing personal health information without authorization, and ordered pay a $20,000 fine and a $5,000 victim fine surcharge after pleading guilty to “willfully accessing the personal health information of five individuals.” … Continue Reading
Marijuana has been legal for medical use since 1999. As you undoubtedly know, the Trudeau government has tabled legislation that would expand legal use to the recreational sphere. Employers need to be prepared for how the potential legalization of recreational marijuana will impact the workplace. Background on the Bill Here’s a little background on the … Continue Reading
I regularly speak on the issues of employment and human rights law, but it turns out that lawyers really do end up with a warped view of the world. Yesterday I spoke on a panel of HR and people-management thought leaders: David D’Souza, Anna Petosa and Shaun Scott, moderated by Chris Taylor of Actionable. I … Continue Reading
The Ontario government has been reviewing employment laws and labour standards in Ontario, the first such major review since the mid-1990s. A package of reforms is expected to be released next week. “Changing Workplaces” has been a two-year review, headed by outside experts Michael Mitchell and John Murray. The Ministry of Labour’s website contains the … Continue Reading
We all know that social media, electronic communications and the online world has changed how we interact socially. Who has the patience to leave a voice message for a friend about a restaurant meeting place, let alone listen to one? That’s what instant messaging (IM) is for. Short, efficient and no small talk. Enterprise IM … Continue Reading
This post is a quick primer on the subject of hours of work and rest periods for provincially regulated employees in Ontario. The Ontario Employment Standards Act (“ESA”) has several rules regarding hours of work for employees, including permitted length of shift, time off between shifts and time off during a work week. See my past … Continue Reading
This post is a quick primer on hours of work and eating periods. The Ontario Employment Standards Act (“ESA”) requires that employees be given a meal break of at least 30 minutes within each five consecutive work hours. The ESA builds some flexibility into this, as the employer and the employee can agree to split the … Continue Reading
As of January 1, 2017, several new requirements have taken effect under the disability law regime in Ontario. The Integrated Accessibility Standards (IAS) made under the Accessibility of Ontarians with a Disability Act (AODA) sets out a comprehensive framework for business in Ontario to ensure the accessibility for employees and customers. Since 2012, employers have … Continue Reading
