June 6, 2023

As I advised last December, as of June 1, 2023, the government of Ontario is implementing a new section of the Occupational Health and Safety Act (OHSA) that requires at-risk employers to ensure their workplaces have a naloxone kit on hand and workers trained on how to use them.

The government is making free naloxone kits (and free training) available for these workplaces.

Businesses can determine if they are eligible for the program and find additional information on accessing free kits and training at Ontario.ca/workplacenaloxone.

Naloxone is a life-saving medication that can temporarily reverse an opioid overdose, restore breathing within two to five minutes, and allow time for medical help to arrive.

There is no set definition of ‘at-risk workplaces’, but they are generally deemed to be workplaces where there is a risk of staff witnessing or experiencing an opioid overdose.

Construction is by far the industry most impacted by opioid overdose. Of the workers who died from opioid-related causes last year, 30 per cent were employed in construction

Bars and nightclubs have also seen increased opioid usage and accidental overdoses, often because of recreational drugs laced with deadly opioids such as fentanyl and carfentanil.

Note that the new requirements in the OHSA are related specifically to opioid overdose and do not change how an employer may choose to manage worker impairment from drugs or alcohol that may pose a risk to workplace safety.

The full government announcement can be found at »» this link.

Please contact me with any questions you may have or for assistance working through your staffing matters.

March 31, 2023

Ontario minimum wage increase 

The government of Ontario today announced that the minimum wage will be increased to $16.55 an hour effective October 1, 2023

Click »» here to read the full News Release on the Ontario Government website.

March 30, 2023

The 2023 Ontario Budget released on March 23, 2023, provides that Paid Infectious Disease Emergency Leave (Paid IDEL) will expire on March 31, 2023.

Paid IDEL first became available in April 2021, when the COVID-19 pandemic was having significant impact on all aspects of work and social life.

It required employers to provide employees with up to three days’ pay if they missed work for certain reasons relating to COVID-19.

Reasons for leave included self-isolating, getting tested for COVID-19, awaiting the results of a test; being sick with COVID-19, getting vaccinated, experiencing side effects from a vaccination, getting individual medical treatment for mental health reasons relating to COVID-19, and providing care or support to certain relatives for COVID-19-related reasons.

Eligible employers were entitled to apply for a reimbursement from the Workplace Safety and Insurance Board (WSIB) of payments made to employees who took paid IDEL, up to a maximum of $200 per day per employee.

Paid IDEL, including provision for reimbursement, was extended several times by Regulation. As I advised in July of 2022, Ontario filed Regulation 464/22, amended O. Reg. 228/20: Infectious Disease Emergency Leave Regulation to extend the availability of Paid IDEL until March 31, 2023.

Reimbursement
With the expiration of the program on March 31, 2023, employers can apply for reimbursement for any eligible Paid IDEL up to and including that date. 

Applications for reimbursement can be made through this link:
https://ontario-covid19-worker-income-protection-benefit.ca/en

Applications must be made within 120 days of the date the employer paid the employee, or by July 29, 2023 (whichever is earlier). The WSIB cannot process applications submitted after 120 days .

Unpaid IDEL available for eligible employees
Although Paid IDEL will not be available after March 31, 2023, for as long as COVID-19 is designated an “infectious disease” by O. Reg. 228/20, employees will continue to have the right to take unpaid IDEL if they are not performing the duties of their position for any of the following reasons related to COVID-19:

• the employee is under individual medical investigation, supervision or treatment related to COVID-19; 
• the employee is following a COVID‑19-related order issued under the Health Promotion and Protection Act; 
• the employee is in quarantine, isolation (voluntary or involuntary), or is subject to a control measure implemented as a result of information or directions related to COVID-19, and issued by a public health official, qualified health practitioner, Telehealth Ontario, the government of Ontario or Canada, a municipal council, or a board of health; 
• the employee is under a direction given by their employer in response to the employer’s concern that the employee might expose other individuals in the workplace to COVID-19; 
• the employee is providing care or support to specified individuals (family members) because of a matter related to COVID-19; or 
• the employee is directly affected by travel restrictions related to COVID-19 that prevent them from travelling back to Ontario. 

There is no specified limit to the number of days an employee can be on unpaid IDEL. Employers may ask for “evidence reasonable in the circumstances,” “at a time reasonable in the circumstances,” to verify the unpaid IDEL; however, they cannot require medical certificates.

Please contact me with any questions you may have or for assistance working through your staffing matters.

March 21, 2023

Employers with operations in British Columbia should be aware that on March 7, 2023, the Legislative Assembly introduced Bill 13, the Pay Transparency Act, which will require all employers in the province to include wage or salary ranges on all publicly advertised jobs as of Nov. 1, 2023.

The stated goal of the Act is “to help close the gender pay gap in B.C. – the next step on the path to pay equity.”

The Act would also prohibit employers from asking job applicants about their pay history or otherwise seeking such information from a third party (e.g., the candidate’s current/previous employer), unless the information is publicly available. In addition, employers will not be able to punish employees who disclose their pay to potential job applicants or co-workers.

Under the legislation, employers will gradually be required to publicly post ‘pay transparency reports’ on their gender pay gap. This requirement is being introduced in stages – by number of employees – to give employers time to prepare, as follows:

• Nov. 1, 2023: BC Public Service Agency and Crown corporations with more than 1,000 employees (ICBC, BC Hydro, WorkSafeBC, BC Housing, BC Lottery Corporation and BC Transit).
• Nov. 1, 2024: all employers with 1,000 employees or more
• Nov. 1, 2025: all employers with 300 employees or more
• Nov. 1, 2026: all employers with 50 employees or more

Regulations are being developed for the fall that will provide employers with more details about how to report on the pay gap and what information will be required.

Bill 13 is subject to further legislative debate and potential revisions as it progresses through the legislative process. I will continue to monitor its progress and update you as appropriate.

Please contact me with any questions you may have or for assistance working through your staffing matters.

March 13, 2023

The government of Ontario announced today that it will be proposing changes regarding employees who work solely from home.

The changes would make those workers eligible for the same enhanced notice as “in-office” and other employees in the case of mass termination situations.

Remote employees would also receive the same eight week minimum notice of termination or pay-in-lieu.

Currently, the Employment Standards Act (ESA) states that the notice rules for mass termination apply when the employment of 50 or more employees is terminated at an employer’s establishment within a four-week period. In the case of a mass termination, an employee could be entitled to eight, 12 or 16 weeks’ notice, depending on the number of employees terminated.

The proposed changes, if passed, would broaden the definition of “establishment” to include employees’ remote home offices, making employees who solely work remotely from home eligible to received enhanced notice.

Regarding paid notice or pay-in-lieu, the ESA outlines that an employee who is terminated after five years of service would be entitled to five weeks of paid notice or pay-in-lieu under individual termination rules, but if that employee is one of 100 employees terminated at an employer’s establishment within a four-week period then that employee would be entitled to eight weeks of paid notice or pay-in-lieu.

The government is also proposing regulatory changes that would require employers to provide written information to new employees working solely from home about pay, work location, hours of work and other Employment Standards Act (ESA) workplace rights and responsibilities. 

Currently, under the ESA, employers can inform all employees of these rights and responsibilities by sharing the latest version of the employment standards poster.

I will keep you up to date on the status of these proposals as they undergo the necessary legislative procedures.

Please contact me with any questions you may have or for assistance working through your staffing matters.

In December of 2021, when the Omicron variant of COVID-19 was beginning to spreading quickly through the population, the government of Ontario issued specific guidance for hosting safe holiday parties.

There has been no guidance issued this year, but public health authorities still caution that COVID-19 is a risk. The Chief Medical Officer of Health has strongly recommended the use of masks indoors.

The goal of any holiday celebration is to ensure that all attendees have an enjoyable time, but it is important to remember that the essential premise of the law in Ontario is that an office or business party is considered part of the workplace – regardless of where it is held – and the employer’s obligation to ensure a safe work environment continues to apply.

For guidance in hosting a workplace party, you may wish to consult the general Public health measures and advice found on this page: https://www.ontario.ca/page/public-health-measures-and-advice

There are of course other issues beyond the risks of COVID-19 in hosting a safe celebration. I am providing a brief summary of the responsibilities of an employer in hosting or sponsoring an event in regards to alcohol and cannabis consumption.

Alcohol

In the context of a company party – hosted in your premises or at an outside licensed establishment –  an employer must monitor the consumption of alcohol and determine whether the attendees are able to operate a motor vehicle. If it is determined that a person represents a safety risk, the employer must take steps to provide for an alternate mode of transportation. 

The complication of cannabis

It is important to note that when alcohol and THC – the psychoactive ingredient in cannabis – are combined in the bloodstream, the level of intoxication increases significantly.

While we most often think of cannabis being consumed through smoking, it is also commonly consumed in edible form in a food or drink. The odour of cannabis can sometimes be detected on a person after smoking, but with consumption of edibles there are no obvious signs of cannabis use.

For this reason, it is important to be especially vigilant in regards to observing signs of intoxication, even when alcohol consumption at your function has been limited by tickets or other means.  

Tips for ensuring a safe festivity environment in your workplace

Obviously, the most prudent step to take would be to implement a policy whereby alcohol will not be served at company social functions.

If you do choose to serve alcohol or make it available, there are steps you should take to ensure the safety of the attendees and protect your company from liability:

• Provide non-alcoholic beverage options
   
• Be sure that you have appropriate insurance coverage for the event
   
• Issue a memo prior to the event reminding employees to be responsible in their consumption of alcohol and to encourage them to make transportation arrangements other than driving their personal vehicles. This memo should also make employees aware that consumption of cannabis and alcohol together increases intoxication and employees should act accordingly.
   
• Designate a management person to abstain at the event and to be responsible for staying until the end of the event and for monitoring the attendees and dealing with situations that may arise
   
• It is a good idea to ensure that food is served at all times when alcohol is available
   
• In regards to edible cannabis consumption, it may be prudent, depending on the nature of the function, to prohibit guests from bringing outside food or drink
   
• Engage professional bartenders who have Ontario’s Smart Serve designation and been trained to recognize and deal with intoxicated persons
   
• Limit the amount of alcohol that each person consumes by providing tickets
   
• Have a “last call,” at a reasonable time, prior to the conclusion of the event
   
• Provide taxi chits and/or arrange for discounted hotel rooms

Hopefully, these measures would be all that is necessary to ensure that everyone has a safe and enjoyable time. However, in accordance with the law an employer must be prepared to take such steps as:

• Taking away a person’s car keys, or
   
• Taking the drastic measure of calling the police to ensure that a person does not drive or put him or herself in a position that could cause danger to his or herself or to others. 

Everyone at LeNoury Law wishes you and your employees a very happy holiday season. We hope these tips will help in that regard and that you, your fellow workers and employees, families and loved ones stay safe and healthy through the coming weeks.

October 19, 2022

The ‘gig economy’ refers to a labor market that relies heavily on temporary and part-time positions filled by independent contractors and freelancers rather than on full-time permanent employees.

It has grown from its beginnings with such companies as Uber to have an impact on many industries, particularly after the change in working habits coming out of the COVID-19 pandemic.

I thought you might be interested in viewing a webinar and online discussion I participated in last week exploring the topic.


The webinar was coordinated and hosted by the City of Toronto and the Intergovernmental Committee for Economic and Labour Force Development, (ICE) which facilitates collaboration on economic development and labour force development activities across the three orders of government in Toronto. 

The session begins with a presentation by Deloitte Canada’s Evelyn Paul and Simon Webb, with an overview of their ICE-commissioned research report “The Gig Economy and Its Effects on Racialized and Immigrant Populations in Toronto” .  

I then joined the other panel members in providing insights and perspectives on the gig economy in general and made a short powerpoint presentation. This was followed by questions from the audience. 

The webinar can be viewed through the link below and my presentation, as well as the Deloitte introduction, can be downloaded though these links:

• ICE GIG Economy – Deloitte Presentation
• ICE Gig Economy – LeNoury Presentation

I would like to thank Judy Morgan, Chair of the ICE Committee, for inviting me to the webinar and my fellow panel members for their enlightening data and commentary: 

• Laura Lam, PhD student at the Centre for Industrial Relations and Human Resources at the University of Toronto and researcher at the Canada Excellence Research Chair (CERC) program in Migration and Integration
• Jennifer Scott, labour organizer with Gig Workers United and food delivery gig worker. and
• Tobias Novogrodsky, Director of Business Growth Services in Economic Development and Culture at the City of Toronto, who moderated the discussion.

Please contact me with any questions you may have or for assistance working through your staffing matters.

October 3, 2022

On October 1, 2022 the minimum wage for employers in Ontario was raised.  This is consistent with government policy:

“On October 1 of every year starting in 2022, the minimum wage rates may increase annually. The new rates to come into effect on October 1 will be published on or before April 1 of every year, beginning in 2022.”

The table of new minimum wage rates by job category can be found on this page of the government of Ontario website:
https://www.ontario.ca/document/your-guide-employment-standards-act-0/minimum-wage

The page includes a calculation example for the General minimum wage, which is now set at $15.50 per hour and is the rate that applies to most employees. Compliance with the minimum wage requirements is determined on a pay period basis.

Calculation example
One week, Julia works 38 hours. She is paid on a weekly basis. The minimum wage applicable to Julia is $15.50 per hour. Since compliance with the minimum wage requirements is based on pay periods, Julia must be paid at least $589.00 (38 hours × $15.50  per hour = $589.00) in this work week (prior to deductions). (Note that eating periods are not included when counting how many hours an employee works in a week).

Most employees are eligible for minimum wage, whether they are full-time, part-time, casual employees, or are paid an hourly rate, commission, piece rate, flat rate or salary. The page also includes calculation examples for employees who earn commission and other job categories.

For your own calculations you may wish to use the government’s online interactive Employment Standards Self-Service Tool. You can input specifics such as working hours and pay periods and overtime eligibility to check compliance with the minimum wage rules.

Some employees have jobs that are exempt from the minimum wage provisions of the Employment Standards Act. Information on these job categories can be found at Industries and jobs with Employment Standards Act exemptions and/or special rules .

As an aside, all of these web pages are found on the government’s Guide to the Employment Standards Act , which you may find helpful at other times for calculating public holiday pay, termination/severance pay or for general guidance on employer and employee rights and obligations under the ESA.

I hope you find this information helpful.Please contact me with any questions you may have or for assistance working through your staffing matters.

August 3, 2022

Policy applies to employers of more than 25 people in Ontario

As I advised on February 24, the government of Ontario announced the introduction of a requirement for employers of more than 25 people to tell their workers if and how they are being monitored electronically.

The requirement was added to the Employment Standards Act, 2000 (ESA) on April 11, 2022 and the government has now provided guidance for employers.

This requirement applies only to businesses and organizations that employ 25 or more employees in Ontario on January 1 of any year.

For those organizations with 25 or more Ontario employees on January 1, 2022 there is a special rule that applies in this first year for a written policy on the electronic monitoring of employees to be in place by October 11, 2022.

A copy of the policy must be provided to employees within 30 calendar days of being prepared or revised, and if the employee is a new hire, within 30 days of hire.

Determining number of employees

The number of employees is the number employed in Ontario on January 1, 2022.

The employer must count the individual number of employees, not the number of “full-time equivalents.” Part-time employees and casual employees each count as one employee, regardless of the number of hours they work.

Where an employer has multiple locations, all employees employed at each location in Ontario must be included when determining whether the 25 employee threshold has been met.

If your business or organization does meet this 25 employee threshold, or you believe is close to the threshold, the full guidance for the definition of “employee” for these purposes can be found on this page of the government of Ontario website:

General guidance

The policy should apply to all employees though different provisions may apply to different employees if desired.

The policy must include:

• A statement on whether an employer engages in electronic monitory of employees or if an employer does not electronically monitor employees, the policy must specifically state this;
• A description of how and in what circumstances an employer may electronically monitor employees;
• The purposes for which the information obtained through electronic monitoring may be used by an employer;
• The date the policy was prepared; and
• The date any changes were made to the policy.

The requirement to introduce the policy does not establish a right for employees not to be electronically monitored by their employer, nor does it create any new privacy rights for employees.

The policy does not affect or limit an employer’s ability to use information obtained through the electronic monitoring of its employees in any way it sees fit. An employer is required to state in its written policy the purposes for which it may use information obtained through electronic monitoring.

I hope you find this information helpful.

Please contact me if you have questions about whether the number of employees in your organization meets the threshold, or for assistance or further details on the drafting and implementation of the required policy.