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Did you know that Franchise owners are personally responsible for all financial risk when it comes to their employees because the Franchisee is the Employer of Record, not the corporation? While there is usually an HR Department for corporate staff to turn to, the Store staff generally have nowhere to go except the Ministry of Labour or lawyers. If the Franchisee owes money for unpaid wages or vacation pay for example, the Ministry can seize their home, car, cottage, and other assets to pay obligations to employees. Given the vast number of changes that have happened to all pieces of Continue Reading »
There are some workers in Ontario whose jobs are subject to “Special Rules” under the Employment Standards Act (ESA). These jobs, due to the nature of the work performed, usually do not conform easily to the minimum standards provided in the ESA, so these rules were developed to ensure fairness and protection for both employer and worker, to the greatest extent possible. Some examples of these “Special Rules” are the lower minimum wage paid to wait staff who serve alcohol, exceptions to the limits on hours of work and rest periods for most farm and agricultural workers, and no “notice Continue Reading »
It seems that the Ontario Conservative Government is not yet finished tinkering with our Employment Standards Legislation and the Labour Relations Act. They have introduced “Bill 66 – Restoring Ontario’s Competitiveness Act” which amends or repeals a number of pieces of legislation. Significant changes will be made to the Labour Relations Act which will affect the relationship between unions, and municipalities and certain local boards, school boards, hospitals,colleges, universities and public bodies. The Bill will deem these entities as “non-construction employers” which means they can now use either union or non-union construction companies, effectively cancelling any existing bargaining agreements that Continue Reading »
Employers should be aware that although a number of the “Bill 148” provisions were cancelled under “Bill 47”, some are still in effect that might pose a problem for your business. Three Hour Rule – (Starting Jan 1, 2019), if an employee who normally works more than 3 hours is sent home before working 3 hours, they are entitled to be paid at their normal rate (previous ESA standard was only minimum wage) Overtime rule – (already in place) if an employee has more than one rate of pay (i.e. travel rate and job site rate) you must still track Continue Reading »