Unlimited Paid Time Off Policies - Proceed with Caution!We’ve been hearing about unlimited paid time off  (PTO) for some time, but it is not yet a common trend in Canada. However, from time to time in our employment law practice, we encounter employers who offer unlimited or unstructured time off to their employees.

At first glance,  unlimited PTO may sound wonderful and generous, and employers may offer it to foster a positive workplace culture and promote work-life balance. However,  without addressing potential issues via contracts and policies, offering unlimited and unstructured time off could cause more headaches than benefits for both the employers and the employees.  Continue Reading Unlimited Paid Time Off Policies – Proceed with Caution!

Equity, Diversity and Inclusion at Work - what employers need to knowTo kick off the start of Pride Month in Ontario, we encourage you to make sure your workplace policies are up to date and address the important values of equity, diversity, and inclusion. While most employers know discrimination in the workplace on any protected ground within the Ontario Human Rights Code is a big no-no, equity, diversity, and inclusion may not always be top of mind in the day-to-day running of a business. Promoting these principles within your company creates a safe and welcoming workspace and promotes different perspectives, innovative ideas, and greater collaboration and is important for the retention of the talent you have. Continue Reading Happy Pride Month! What Employers Need to Know about Equity, Diversity, and Inclusion at Work

As employment lawyers, we know that our employer clients can sometimes feel overwhelmed with the volume of documentation they have to prepare and review to sustain a healthy workplace and minimize potential employment-related liabilities. Employment contracts and workplace policies are two of the most common employment-related documents that employers of all sizes often have to deal with in the course of an employment relationship. Many employers, especially newer and smaller ones, often wonder what the differences are between the two, what types of content go into each, and whether they hold the same weight. In this blog, we attempt to provide some insight into this topic.

What Goes in What?

The legal rights and entitlements of an employee, such as the employee’s entitlements to notice on termination or vacation entitlements, should be included in an employment contract. An employer will want to avoid including language about employees’ legal entitlements within the workplace policy; having the policy be found to be unenforceable later on could create problems for the employer. Though an employer may have a general right to make some types of amendments to their policies, altering significant components of a policy may demonstrate the employer’s intention not to be bound by the original agreement. Continue Reading Employment Contracts vs. Workplace Policies

À compter du 14 mai, le port du masque n’est plus obligatoire dans les milieux de travail au Québec, à l’exception des transports et milieux de soins. 

Le gouvernement du Québec a publié le 11 mai, 2022, l’arrêté numéro 2022-032 du ministre de la Santé et des Services sociaux, qui précise certaines circonstances où les membres du public doivent continuer à porter un masque, notamment dans les transports et milieux de soins de santé.

Le télétravail et le mode de travail hybride se poursuivent selon les modalités prévues par l’employeur, si applicable. Continue Reading La fin des masques en milieu de travail

Disconnecting from work - the why and how for employers and employeesIn our previous blog, we discussed how employers who staff 25 or more employees must implement a written policy addressing disconnecting from work. But, what does this mean for both the employer and the employee and what are the benefits we hope to see? 

It’s no secret the pandemic has entirely changed the way we work. Our homes have become our offices which has caused a huge disruption in our work-life balance. But, the work-from-home mandate is not the only culprit for the changed relationships with our jobs. It started long before that with access to technology everywhere we go. Our work is easily accessible through our phones, tablets, laptops, and maybe even our smartwatch. We have entirely normalized being reachable and accessible at all hours of the day. With pending deadlines and timelines, we’ve seemed to adopt an “always on” approach to work where we somehow feel guilty about shutting down.  Continue Reading Get That Spring Back in Your Step by Disconnecting

In this webinar, SpringLaw’s Lisa Stam and Danielle Murray will discuss how you can support women leaders in the workplace, common challenges women leaders face, and how employers can ensure equitable exits if needed.

Date: Wednesday, May 18, 2022
Time: 10:30-11:00 am EST
Register today: Click here!
Continue Reading Free webinar: Barriers & Biases – Supporting Women Leaders

On April 22, 2022, the Ontario government announced that provincial masking requirements, which were set to expire on April 27, 2022, are being extended in certain higher-risk indoor settings until 12:00 a.m. on June 11, 2022. The extended measures have been made in an attempt to manage the sixth wave of COVID-19.

These higher-risk settings include:

  • public transit;
  • health care settings (e.g., hospitals, doctors’ offices, clinics that provide health care services, laboratories, specimen collection centres, and home and community care);
  • long-term care homes;
  • retirement homes; and
  • shelters and other congregate care settings that provide care and services to medically and socially vulnerable individuals.

Continue Reading Before you take off your mask: masking still required in certain Ontario settings

The End of COVID-19 Regulations
Photo by Tai’s Captures on Unsplash

Throughout the course of this COVID-19 pandemic, we have undergone several cycles of announcements, implementations, and revocations of COVID-19-related regulations. On April 14, 2022, Ontario filed yet another regulation – O. Reg. 346/22: Revoking Various Regulations (this “Regulation”) under Reopening Ontario (A Flexible Response to COVID-19) Act, 2020. In the nutshell, this Regulation revokes every single remaining COVID-19-related regulation in the province.

What Are Some Examples of Rules and Restrictions Being Lifted?

A major regulation being revoked is Regulation 364/20: Rules For Areas at Step 3 and at the Roadmap Exit Step, which requires that businesses must operate in accordance with any advice and instructions issued by the Office of the Chief Medical Officer of Health, including with respect to physical distancing, cleaning or disinfecting; establishing, implementing and ensuring compliance with a COVID-19 vaccination policy; and setting out the precautions and procedures that businesses must include in their COVID-19 vaccination policies. In addition, masks and face coverings are no longer required on public transit services, in hospitals, in long-term care homes, laboratories and specimen collection centers, homeless shelters, and congregate care supportive housing residences, among others. Continue Reading The End of COVID-19 Regulations

Working for Workers Act received Royal Assent, making it now law
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In March, we blogged about Bill 88 or the Working for Workers Act (part 2) (the Act). You can read that post here. On April 11, 2022, the Act received Royal Assent, making it now law. Most significant to employers, who are not Uber etc., are the changes to the Employment Standards Act, 2000  (ESA) and the Occupational Health and Safety Act (OHSA). The Act has attracted the most attention for the creation of the Digital Platform Workers’ Rights Act, 2022, which will have big implications for digital platform workers and “employers” like Uber and Skip the Dishes, however, the Act impacts non-digital platform employers too. 

Here’s the rundown of what’s new in the ESA and the OHSA. Continue Reading Working for Workers Act 2 Passes in the Ontario Legislature: What Employers Who Aren’t Uber Need to Know to Comply

Can Employees Record Work Meetings?
Photo by Craig Pattenaude on Unsplash

With the rise of remote working in the past couple of years, virtual work meetings, whether over video or phone call, have become a common occurence. With that comes the issue of recording work calls. In this post, we address the possible risks involved when an employee records work meetings, either surreptitiously or with consent. 

Can an employee legally record a work call?

It is technically legal in Canada for an employee to record a conversation they are a part of, and the employee does not attract criminal liability if they do so surreptitiously, as long as they were a part of the call. However, Courts across Canada have found that surreptitious recording can justify termination for cause.  Continue Reading Can Employees Record Work Meetings?