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.