Tag: ESA

Once bitten twice shy: Greater scrutiny ahead for employees misclassified as contractors

by Jackie VanDerMeulen Organizations’ use of independent contractors (often also referred to as consultants) as opposed to actual employees has grown significantly over the years. This trend comes as no surprise in a changing economy where particular skill sets are required at specific times and where flexibility is a key driver of success. In some […]

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Ontario labor and employment laws to undergo significant amendments

by Sophie Arseneault and Christian Paquette In Canada’s most populous province, labor and employment matters are governed by two fundamental statutes: the Employment Standards Act (ESA) and the Ontario Labour Relations Act (LRA). The ESA sets out minimum rights and obligations of employers and employees in the province. The LRA governs a host of matters […]

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Seasonal employee not bound by noncompetition clause

by Matthew Larsen A British Columbia court recently explored a novel issue – whether a noncompetition clause is enforceable against a seasonal employee. Facts In See Thru Window Cleaners Inc. v. Mahood, 2016 BCSC 2134, the employer was in the seasonal business of window cleaning, gutter cleaning, and pressure cleaning. It employed most workers in […]

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DOL to Abolish Employment Standards Administration

Like most federal agencies, the U.S. Department of Labor (DOL) is a large bureaucracy, housing many levels of subagencies and layers of employees with a host of titles that are unintelligible to outsiders. The DOL has recently decided to do a little streamlining by abolishing the umbrella agency that oversees four of its major units. […]

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How Will Your Business Respond to Family Day?

by Brian Smeenk, formerly with McCarthy Tetrault A new statutory holiday, Family Day, has been declared in the province of Ontario. It will be celebrated on February 18. In subsequent years, it will fall on the third Monday of each February. Employers should begin considering how their organization will respond. In particular, employers should begin […]

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