The Law Society of Ontario (LSO) is in the process of implementing the first of the recommendations adopted in its 2016 Report, Working Together for Change: Strategies for Addressing Issues of Systemic Racism in the Legal Profession, which will require lawyers licensed by the LSO to take action before the end of 2017. Specifically, before…
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Is It Discriminatory to Include a Disability-Related Absence in an Attendance Management Policy? Appellate Court Weighs In
In Canada (Attorney General) v. Bodnar, the employer sought judicial review of a decision of the Public Service Labour Relations and Employment Board (Board) in which the Board held that the inclusion of disability-related absences and absences taken for the purposes of family caregiver leave in an attendance management policy was discriminatory. On judicial review,…
Ontario Seeking Input on Occupations Exempted Under ESA
As part of Ontario’s review of workplace laws, the government has announced that it is reviewing the special rules and exemptions under the Employment Standards Act, 2000 (ESA). It is seeking public input on the following occupations currently exempted: Architects Domestic Workers, Homemakers and Residential Care Workers IT Professionals Managerial and Supervisory Employees Pharmacists Residential…
Bill 148 Passes Second Reading, Ordered (Back) to Committee for Further Review
On October 18, 2017, Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148), as amended by the Standing Committee on Finance and Economic Affairs, passed Second Reading after debate and was referred back to the Standing Committee on Finance and Economic Affairs for further review. Read the government’s announcement here. We will continue to…
Appellate Court Rules that Severability Clause Can’t Save a Partly Flawed ESA-Only Termination Clause
It is critical for all employers to ensure that they have a well-drafted and unambiguous termination clause which fully complies with the Employment Standards Act, 2000 (ESA), in order to survive judicial scrutiny. The Ontario Court of Appeal has once again weighed in on termination provisions in employment agreements, this time noting that if any…
Pay Equity Plans – Your Compliance Obligations [Video]
In this video, Lauri Reesor discusses an organization’s obligations to maintain their pay equity plans and reviews the implications of failing to comply with those obligations. She also talks about the Pay Equity Commission’s investigative powers and provides some tips to put you in a better position, should the Commission coming calling.
Medical Marijuana in the Workplace [Video]
With an increasing number of employees receiving prescriptions for medical marijuana to treat various ailments, employers and service providers are grappling with how to respond. In this video, Jacqueline Luksha discusses the implications of medical marijuana in the workplace and at places of business, touching on the duties of employers and service providers to accommodate medical marijuana’s use while ensuring a safe work environment. To assist employers and service providers, she provides some best practices on how to meet those obligations.
Ontario Proposes Amendments to ESA Regulations in Anticipation of Bill 148 and to Administrative Monetary Penalties under ESA, EPFN
On October 11, 2017, the Ontario government published proposed amendments to regulations made under the Employment Standards Act, 2000 (ESA) which would be required if Bill 148, Fair Workplaces, Better Jobs Act, 2017 (Bill 148) is passed. Proposed consequential amendments to O. Reg. 285/01 (Exemptions, Special Rules and Establishment of Minimum Wage) and O. Reg….
2018 EI Premium Rate, Maximum Insurable Earnings Set
The Canada Employment Insurance Commission (CEIC) has set the 2018 Employment Insurance (EI) premium rate at$1.66 per $100 of insurable earnings. This represents a 3 cent increase for employees over the 2017 rate, and 4 cents for employers who pay 1.4 times the employee rate. For Quebec residents covered under the Quebec Parental Insurance Plan,…
Employee Discounts: To Tax, or Not to Tax? That is Indeed the Question
The Canada Revenue Agency (CRA)’s recently revised position on employee discounts is attracting significant media coverage. In 2016, the CRA published an updated technical document on “Benefits and Allowances Received from Employment” (Income Tax Folio S2-F3-C2*), which provides that employee discounts on merchandise for less than fair market value are considered taxable benefits under the…