Can Americans Who Work for Ontario Companies in the United States Opt into Ontario’s Minimum Standards?

A recent decision of the Ontario Labour Relations Board considered whether the Ministry of Labour and the Board can enforce an employment contract with an Ontario “choice of law” provision and references to the Employment Standards Act, 2000, where the work under the contract was performed mostly outside Ontario…

Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism

In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…

ESA Blitz This Fall to Target Repeat Violators

The Ministry of Labour has announced that from September 1, 2016 to October 31, 2016, employment standards officers will conduct blitzes targeting employers who have a history of non-compliance with the Employment Standards Act, 2000 (ESA). The blitz will primarily target sectors where there is a level of precarious employment, including personal care and professional…

Changing Workplaces Review – Focus on Temporary Help Agencies and their Clients

For the past month, we have reported extensively on the Interim Report issued on July 27, 2016 by the Special Advisors undertaking the Changing Workplaces Review. Previous issues of the FTR Now have reported on potential changes to Personal Emergency Leave, the Labour Relations Act, 1995 (LRA), and the Employment Standards Act, 2000 (ESA)…