Topic: North America

Norton Rose Fulbright’s online guide to global employment law is now available

More and more organisations are growing their global footprint and need to move their people around the world. In this global environment, it is essential to know, understand and comply with employment and labour laws in place across all of the jurisdictions in which organisations engage people. This will help to protect business from unnecessary … Continue reading

Ontario Employment Standards Poster Now Available in 12 Languages

By John Mastoras on February 15, 2018 Posted in Canada

Effective January 1, 2018, employers covered by the Ontario Employment Standards Act, 2000 (ESA) have been required to post version 7.0 of the Ministry of Labour poster “Fair at Work Ontario – What You Need to Know” in the workplace where it is likely to come to the attention of employees. Employers must also provide … Continue reading

The never-ending search for fairness in a termination clause

By Ryan Freeman on February 9, 2018 Posted in Canada

Over the course of this past year there have been several important decisions dealing with the enforceability of termination clauses in employment agreements, and how a court is to interpret a clause to determine the employer’s obligations to a departing employee. The importance of these decisions can be seen by contrasting the financial consequences that … Continue reading

Ontario Bill 148 reform and public holidays: a reminder

By John Mastoras on February 7, 2018 Posted in Canada

Since Ontario Family Day is coming on February 19, please take another look at our posts explaining how Bill 148 amended the public holiday provisions in the Ontario Employment Standards Act. As you may recall, there is a new formula for calculating public holiday pay, plus additional employer obligations when an employee works on a … Continue reading

Legislative changes under Ontario Bill 177

By Andrew Nicholl on February 2, 2018 Posted in Canada

The effect of the Stronger, Fairer Ontario Act (Budget Measures), 2017 (“Bill 177”), which received royal assent on December 14, 2017, is far reaching as it introduces changes to a number of statutes. The Occupational Health and Safety Act (“OHSA”), the Broader Public Sector Executive Compensation Act (“BPSECA”), the Pension Benefits Act (“PBA”) and the … Continue reading

Harassment and violence in the workplace : changes to be expected for federally regulated employers

By Patrick Galizia and Philippe Bélisle on January 30, 2018 Posted in Canada, Discrimination and harassment

After a few politicians at the federal and provincial levels recently stepped down because of sexual misconduct allegations, lawmakers debated Bill C-65 in the House of Commons this week. Tabled in November 2017, Bill C-65 aims to amend “the Canada Labour Code (CLC) to strengthen the existing framework for preventing harassment and violence, including sexual harassment … Continue reading

Sexual harassment settlements (and attorneys’ fees) may no longer be tax deductible for employers

By David Gallai (US) and Matt Heller (US) on January 18, 2018 Posted in Discrimination and harassment, United States

As a result of the new tax reform legislation, employers may no longer deduct on their tax returns any “settlement or payment related to sexual harassment or sexual abuse if such settlement or payment is subject to a nondisclosure agreement” (emphasis added) or any “attorney’s fees related to such a settlement or payment.” This change … Continue reading

Ontario Bill 148 Amendments and Public Holidays: What Else Has Changed?

By John Mastoras on January 8, 2018 Posted in Canada

Under the Ontario Employment Standards Act, 2000 (“ESA”) Ontario has nine public holidays: New Year’s Day, Family Day, Good Friday, Victoria Day, Canada Day, Labour Day, Thanksgiving Day, Christmas Day and Boxing Day (December 26). Nothing in Bill 148 has changed that. Likewise, an employee who would otherwise be eligible to take the public holiday … Continue reading

Ontario Bill 148 Amendments and Public Holidays: What Has Changed?

By John Mastoras on January 6, 2018 Posted in Canada

Bill 148 reforms have ushered in changes to the public holiday provisions of the Ontario Employment Standards Act, 2000 (“ESA”). This post outlines the new formula for calculating public holiday pay that came into effect on January 1, 2018. Full time, part time, permanent and fixed-term employees can all still qualify for the public holiday … Continue reading

New Version 7.0 of Ontario Employment Standards Poster Now Available

By John Mastoras on January 3, 2018 Posted in Canada

The Ontario Employment Standards Act, 2000 (the “ESA”) is a key employment law statute setting certain minimum terms and conditions of employment applicable to most employees in Ontario. Employers covered by the ESA are required to post “the most recent version” of the Ontario Ministry of Labour poster about rights and obligations under the ESA … Continue reading

Who, me? Could be: SCC extends protections regarding employment under the BC Human Rights Code

By Chanelle Wong on December 18, 2017 Posted in Canada, Discrimination and harassment

In a landmark case, the Supreme Court of Canada has extended the protection it offers to employees from discrimination in the workplace to encompass discrimination perpetrated by an individual with a different employer: British Columbia Human Rights Tribunal v. Schrenk, 2017 SCC 62. This case answers in the affirmative the question of whether the BC … Continue reading

Collective agreements may prevail over some Bill 148 scheduling provisions

By John Mastoras on December 15, 2017 Posted in Canada

Those of you who have been following this series of blogs will know that Bill 148 ESA amendments generally apply to unionized workplaces as of the effective date of the particular amendment. There are a few limited exceptions, however. In yesterday’s post, we addressed how employers with unionized employees may find temporary relief from the … Continue reading

“Equal pay for equal work” provisions in a collective agreement may prevail over Bill 148 ESA amendments

By John Mastoras on December 14, 2017 Posted in Canada

As we explained in yesterday’s post, the Bill 148 amendments to the ESA minimum standards will generally apply to unionized workplaces as of the effective date of the particular amendment. However, there are two circumstances in which a collective agreement provision in effect on April 1, 2018 will temporarily prevail over certain Bill 148 amendments … Continue reading

How do Bill 148 amendments to the ESA affect existing collective agreements?

By John Mastoras on December 13, 2017 Posted in Canada

It is hard to imagine a question more pressing for Ontario employers of unionized employees. For the most part, the Bill 148 amendments to the ESA minimum standards will apply to unionized workplaces as of the effective date of the particular amendment. More specifically, Bill 148 ESA amendments – including with respect to the minimum … Continue reading

Some Bill 148 reforms to the Ontario ESA are already in effect.

By John Mastoras on December 8, 2017 Posted in Canada

Here’s what you need to know. On November 27th The Ontario Fair Workplaces, Better Jobs Act 2017 (Bill 148) received Royal Assent and passed into law. This is hardly likely to be news to anyone, given the amount of press Bill 148 has received and the numerous announcements and backgrounder reports the Ontario government issued … Continue reading

On the Job + On the Grid: Monitoring Employees

By Melissa Neate on November 29, 2017 Posted in Canada

There are many varied and valid reasons as to why employers incorporate monitoring in the workplace. Whether it is the more widespread video surveillance cameras installed in many convenience stores or the seemingly nefarious GPS tracking in employees’ phones, employers can effectively monitor their workplaces without running afoul of their privacy obligations. With the widespread … Continue reading

When emotions run a-Mok: Trial judge’s decision upheld in Sweeting v Mok, 2017 ONCA 203

By Brittany Hinds on November 22, 2017 Posted in Canada

As an employer, you need to be careful what you say in the heat of the moment. That is the takeaway from the Ontario Court of Appeal’s recent decision in Sweeting v. Mok, 2017 ONCA 203. In this case, there was a dispute between Ms. Sweeting and her employer, Dr. Lawrence Man-Suen Mok. After a … Continue reading

Bill C-44 coming into force

By Ryan Freeman on November 8, 2017 Posted in Canada, North America

The Governor General in Council has announced that the sweeping changes to the Canada Labour Code (the “CLC”), which affects federally regulated employees will come into force on December 3, 2017. The coming into force completes the amendments that were announced in Bill C-44, the Budget Implementation Act, 2017, No. 1, after it received Royal … Continue reading

Where should an employment dispute be litigated when an employer’s business and an employee’s residence are located in different jurisdictions?

By Rebecca Liu on November 1, 2017 Posted in Canada, Contracts, North America

Where an employer hires an employee who resides in a different jurisdiction, the jurisdiction in which an employment dispute is litigated depends largely on where the employer carries on business. In Koutros v. Persico USA, 2017 ONSC 3001, the employer, Persico USA Inc. (“Persico”) terminated the employment of Savvas Koutros, who was a General Manager … Continue reading

Refresh your feed: Updated Guidance on Social Media Background Checks

By Ryan Berger on October 31, 2017 Posted in Canada, Discrimination and harassment, North America

Social media is ubiquitous. Over 20 million Canadians have a social medial account. It is a major source of information about our friends and the world around us. It is also an important vehicle for recruiting and background information. Employers will often have good reason to formally check an applicant’s social media profile in the … Continue reading

Ontario Government Conducting Mining Industry Inspection Blitz

By Maxwell Radway on October 23, 2017 Posted in Canada, North America

From October 2, 2017 to November 30, 2017, Ontario’s Ministry of Labour (“MOL”) will be conducting workplace inspection blitzes in mines and mining plants. In recognition of the fact that October is Global Ergonomics Month, these blitzes will focus on workplace measures relating to musculoskeletal disorders (“MSDs”). However, inspectors will also be assessing the risk … Continue reading

Local doesn’t make the grade: The need to accommodate employees with anxiety when writing qualifying exams

By Lauren Berdock on October 17, 2017 Posted in Canada, Discrimination and harassment, North America

John Betts, (the “Applicant”) was a carpenter and member of the United Brotherhood of Carpenters and Joiners of America, Local 1256 (the “Union”). While the parties were not engaged in a traditional employer-employee relationship, the Applicant was protected from discrimination by the employment related sanctions of the Ontario Human Rights Code (the “Code”). Like most … Continue reading

Proposed amendments to the Ontario Human Rights Code include new prohibited grounds of discrimination

By John Mastoras on October 12, 2017 Posted in Canada, Discrimination and harassment, North America

On October 4, 2017 Bill 164, The Human Rights Code Amendment Act, 2017 was introduced into the Ontario Legislative Assembly and passed First Reading the same day. If enacted, it would expand the prohibited grounds of discrimination in the Ontario Human Rights Code (the “Code”) to include immigration status; genetic characteristics; police records; and social … Continue reading

Working Notice Not Appropriate for Medical Leaves of Absence

By Andrew Nicholl on October 11, 2017 Posted in Canada, North America

In McLeod v. 1274458 Ontario Inc. (“McLeod”), the Ontario Superior Court confirmed that working notice is not appropriate when an employee is on an unpaid leave of absence for medical reasons. Generally, providing working notice allows employers to avoid having to provide pay in lieu of notice. Instead, employees are given advance notice of their … Continue reading