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Proposed new job posting requirements regarding AI disclosure

The Ontario government recently introduced Bill 149 – Working for Workers Act, 2023 which includes planned amendments to the rules regarding job postings in the Employment Standards Act. The planned amendments include a requirement that employers disclose the use of artificial intelligence (“AI”) in the hiring process.  The specific language proposed for this amendment in Bill 149 is as follows:

Every employer who advertises a publicly advertised job posting and who uses artificial intelligence to screen, assess or select applicants for the position shall include in the posting a statement disclosing the use of the artificial intelligence.Continue Reading AI in the Hiring Process – Legislative Changes and Risks for Employers to Consider

On November 1, 2023 British Columbia’s new Pay Transparency Act (“Act”) took effect, which requires employers throughout British Columbia to post expected salary ranges for job postings. Notably, as explained by the British Columbia government in a guidance document, this requirement will also apply to postings for remote positions if the position is open to candidates in British Columbia, among other locations. 

British Columbia is now the second province in Canada with such legislation in effect following Prince Edward Island in 2022. Ontario may also follow suit with the Minister of Labour, Immigration, Training and Skills Development recently announcing the intent to introduce legislation next week regarding pay transparency. As details emerge and if the legislation progresses toward becoming law in Ontario, we will keep you informed.Continue Reading British Columbia Becomes The Second Province with Pay Transparency Legislation

On October 26, 2023, the Working for Workers Act, 2023(the “Act”), the Ontario government’s third iteration of this legislation aimed at protecting workers,  received Royal Assent and came into force. The Act introduces amendments to several employment-related statutes, impacting employers across the province. Below are some of the most relevant amendments. 

Mass Terminations Under the ESA:

One of the most notable changes introduced by the Act is the expansion of the definition of an employer’s “establishment” under the Employment Standards Act, 2000 (“ESA”). This expansion now includes the private residences of employees who work from home. As a result, employers must take these employees into account when assessing mass terminations. Mass terminations occur when 50 or more employees are terminated within the employer’s “establishment” in a four-week period.Continue Reading Ontario’s Working for Workers Act, 2023: Key Changes Affecting Employers

In Ontario, employers must abide by the Occupational Health and Safety Act (OHSA) to ensure the safety of their workplace and workers. One legal requirement under OHSA that we often get questions about is an employer’s obligations around Joint Health and Safety Committees (JHSC). Here are some practical tips for employers to meet these obligations. Continue Reading Practical Tips on How Employers Can Meet Their Joint Health and Safety Committee Obligations

Employers often state that promoting DEIB initiatives is a top priority, and they ask us how best to improve on the start they’ve made (or how to get on board in a meaningful way for the first time). For those less versed in this space, DEIB stands for Diversity, Equity, Inclusion and Belonging. The ‘belonging’ component is a more recent addition to the acronym. According to Gallup, in a ‘culture of belonging’ employees are appreciated for what they bring to the group, there is a genuine desire for meaningful relationships, and there is an appreciation for the differences between people. In addition to leading to a happier workplace, it’s no surprise that fostering a culture of belonging makes good business sense. Gallup found that if more employees believed that their opinions counted, “organizations could reduce turnover by as much as 27%, safety incidents by 40%, and increase productivity by 12%.”Continue Reading Respect in the Workplace Policies: An Employer’s Starting Point for DEIB Initiatives

Accommodating employees with disabilities and medical issues is an integral part of creating an inclusive and equitable workplace. But what should an employer do if they receive a request for accommodation that does not provide enough information? How can we balance an employee’s right to privacy with an employer’s need for sufficient information to assess an accommodation request?Continue Reading Navigating Disability Accommodation Requests: Balancing Privacy and Information

If you’re an employer or HR representative well-acquainted with the realm of employment law blogs, you’ve undoubtedly encountered a myriad of cautionary tales about the perils of contracting errors.  The blogs about this topic are countless – and for good reason! The significance of getting contracts right cannot be overstated, as a single mistake could potentially lead to substantial liabilities for your organization. An omitted phrase or a misused word within a termination clause could be the deciding factor between an 8-week statutory notice obligation and a hefty 24-month damages award.Continue Reading Don’t Lose Your Enforceable Termination Clause to the Substratum Doctrine

Ah, reference letters, those elusive pieces of paper that can make or break a job seeker’s dreams. But here’s the deal: employers are not an employee’s personal fan club. They don’t have an obligation to shower employees with praise in the form of reference letters. Before employers start feeling like kings on a throne, let’s explore the legal and strategic considerations surrounding reference letters and how they can impact an employer’s business.Continue Reading Do Employers Have to Provide Reference Letters? The Legal Lowdown

This week in Ontario many businesses are re-openingThis week in Ontario many businesses are re-opening. Employers and employees alike have questions about going back to work and the intersection of re-starting businesses with the various government subsidies that have been tiding many people over. 

Bringing Employees Back to Work Using the Canada Emergency Wage Subsidy (CEWS)

Many employers have laid off a good portion of their workforce and now with re-opening are looking to bring some of those workers back. Businesses that have been hit hard financially may be able to take advantage of the CEWS while earnings are still uncertain as business ramps back up. Getting the CEWS for employees who have been laid off is a little complicated because of the definition of an eligible employee. But first, let’s look at eligible employers. Continue Reading Government Benefits and Bringing Employees Back: The CERB and CEWS