Canada has just passed a new law to strengthen accessibility for people with a disability in federally regulated workplaces and organizations. The Act to Ensure a Barrier Free Canada, also known as the Accessible Canada Act (the “Act”), came into force on July 11, 2019 and aims to create a “Canada without barriers” by the … Continue Reading
The Capital One Data Breach has been big news lately, and for good reason. It’s a big deal. This breach compromised the data of over 100 million Capital One customers. Instead of a shadowy overseas hacker or a creepy crawler from the dark web, the hacker was a former employee of the cloud hosting company … Continue Reading
Let’s face it, we are all addicted to our phones. Some of us have jobs where our phones are required to be locked up in a locker for the day and we only have access to them on breaks. As a desk worker – who does not have to lock up her phone – I … Continue Reading
A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting. In Unifor, Local 2215 v IMP Group Ltd (Aerospace Division) (AB Grievance), [2019] NSLAA No 4, Arbitrator Richardson determined that an employee’s on the job masturbation was not justified by … Continue Reading
As our population becomes more technology dependent and urbanized, we are increasingly adopting more sedentary lifestyles than our ancestors. One of the consequences of using our bodies less and our brains more is a host of negative health outcomes, including musculoskeletal issues from being hunched over screens for most of our waking lives. Thankfully, a … Continue Reading
With the huge response to the Raptors parade this week we thought it a good time to revisit the issue of unauthorized employee absences. Many employers allowed their employees the day off to go celebrate, but there were also reports showing some employees, who did not get the day off, wearing fake noses and disguises … Continue Reading
A news story caught our attention recently. The University of Quebec in the Outaouais (UQO) commissioned an instructional video for university employees instructing them on how to dress for work and then emailed it out to staff. The four-minute video, hosted by a Gatineau based fashion stylist, provided such tips as don’t dress like you’re … Continue Reading
At SpringLaw we work with a lot of tech companies and start-ups who are all about agility. These employers often include language in their contracts that speaks to being flexible with duties and rolling with the punches as the company scales. How flexible can employers expect their employees to be when it comes to having … Continue Reading
Readers of our blog will know that employers have a legal obligation to take workplace harassment seriously. These obligations are set out in Ontario’s Occupational Health and Safety Act (OHSA) and require that employers with more than five employees have a policy and procedure dealing with workplace violence and harassment. Employers are required to take … Continue Reading
For this week’s blog, we have gathered a list of the top 10 mistakes commonly made by freelancers and startups when hiring their first employee. Avoiding these pitfalls will help start you off on the right foot and avoid the hiring headaches! We’ve also covered our Top 10 list in this month’s SpringForward Legal Updates … Continue Reading
Amazon has been in the news recently for its practice of tracking warehouse workers’ box packing speed and firing them if they do not “make rate.” According to internal Amazon documents, related to a termination at a Baltimore Maryland warehouse location, Amazon’s automated tracking system automatically generates a series of warnings. After 6 warnings in … Continue Reading
Firstly, Happy May Day and Happy International Workers’ Day! This week we will be continuing our series on Sexual Harassment in the Fundraising Donor Space and exploring situations where needed donations or funding come with strings attached. If you haven’t read our Part One from last week, you may want to check it out before … Continue Reading
We have talked a lot about workplace sexual harassment on this blog. Practising exclusively in workplace law we, unfortunately, see the issue of workplace sexual harassment come up a lot. Helping employers and employees of all shapes and sizes deal with issues related to sexual harassment makes up a lot of what we do. Employer … Continue Reading
You may be scratching your head at our title. What’s ergonomics got to do with law? Maybe even asking, what the heck is ergonomics? Well in this post we will answer both of those questions and tell you why workplace ergonomics should be on the radar of employees and employers alike. Ergonomics is the science … Continue Reading
Technology continues to blur the lines between our personal and work lives. How often have you answered a client email on your work laptop, only to receive a follow-up question via text message on your personal phone? Many workplaces have adapted to the fluid use of technology and encourage their employees to use their … Continue Reading
Valentine’s Day has us thinking about romance. In the mind of an employment lawyer, the leap from romance to harassment is a short one, and so that is what our post is about today. Harassment is not a new topic for us. You can read our past posts on sexual harassment, employer obligations regarding harassment … Continue Reading
Happy Boxing Day everyone! Holidays and vacations are interesting topics for us employment lawyers. We have blogged about Public Holidays under the Ontario Employment Standards Act, 2000 (“ESA”) and in the past. Check out our posts on this topic here. For workplaces in Ontario, governed by provincial law, there are nine Public Holidays. These are: … Continue Reading
Pre-employment police record checks have become common in our information-obsessed society. This is where the employer requires a job candidate to pass a police record check as a condition of being hired. The Police Record Checks Reform Act (the “Act”) was designed to standardize why and when these record checks can be obtained, as opposed … Continue Reading
Bill 47, the Ford government’s Making Ontario Open for Business Act has passed. One big change the bill makes is to the much discussed (and much used) Bill 148 amendment regarding Personal Emergency Leave. This amendment will come into force on January 1, 2019. For historical purposes, you can read all about the Bill 148 … Continue Reading
Earlier this year the federal government amended the Holidays Act to include Remembrance Day as a legal holiday. You can read more about this in our past post Remembrance Day Enacted as a Legal Holiday. In Ontario, Remembrance Day has not been added to the Employment Standards Act as a public holiday and consequently, workers … Continue Reading
Last week the Ford government tabled Bill 47, Making Ontario Open for Business Act, 2018. This legislation would repeal many of the amendments made by the Bill 148, Fair Workplaces, Better Jobs Act, 2017, most of which came into force in January 2018 but some of which are slated for January 2019. Not surprisingly the … Continue Reading
Pot has now been legal in Canada for one week! Hell has not frozen over, or broken loose, as far as we can tell. Legal marijuana has been reportedly selling out and even illegal dispensaries are apparently having trouble keeping up. This suggests an uptick in cannabis consumption. I guess some people really were deterred … Continue Reading
Legislatively speaking, a lot has happened in the Ontario workplace law space over the past year. The biggest shake-ups being the Bill 148 changes to the Employment Standards Act and today’s legalization of recreational cannabis. The state of workplace law continues to evolve as the Doug Ford government takes steps to undo the Liberal legislation. … Continue Reading
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
