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Category Archives: Hours of Work

The Latest Chapter in Employment Law: Bill 148 and The Tort of Harassment

Bill 148 Brings Big and Not So Big Changes to the Employment Standards Act, 2000 In May the Changing Workplaces Review released its long-awaited Final Report, the culmination of two years of work spearheaded by special advisors C. Michael Mitchell and Retired Justice John H. Murray. This report suggested sweeping changes to Ontario’s Employment Standards Act, 2000 (the ESA), including […]

Overtime Pay in Ontario – the Surprising Bare Truths: Part 2

Can An Employee Be Forced to Work Overtime? In accordance with s. 17(1) of the ESA, the maximum number of hours an employee can work in one week is 48 hours, and not more than 8 hours a day (or where a regular work day is longer than 8 hours, longer than the regular work day).  However, if the employer […]

Overtime Pay in Ontario – the Surprising Bare Truths: Part 1

The concept of overtime pay conjures up many misconceptions for both employers and employees.  Based on our experience, the two biggest misconceptions appear to be which employees qualify for overtime pay, and whether an employee can be forced to work overtime at all.  Acting on incorrect assumptions can lead to costly payouts on the part of employers on one hand, […]

Managing Attendance & Absenteeism: Hangout with Rudner MacDonald

Stuart takes questions on managing attendance and absenteeism in the workplace. Most employers want to flexible, but it can be hard to run a business when you don’t know who will show up for work. Do you have to give employees paid sick days? Can you require doctor’s notes? This and more, in this session. Click to share on Twitter […]

Managing Attendance and Absenteeism

Managing attendance and absenteeism in the workplace is one of the most difficult issues for employers. Some common questions are: Are employees entitled to “sick days”? Can employers require medical notes? What steps can employers take to manage attendance? Can excessive absenteeism be grounds for dismissal? This is another example of the ongoing balancing act between the rights of individuals […]

The Ins and Outs of Vacations in Ontario

With the winter holidays fast-approaching, as well as the end of the year, we thought it would be a good time to address issues surrounding employee vacations and statutory holidays. While it may seem relatively straight-forward, it’s a topic that can become complicated very quickly. Some issues always come up, such as the calculation of vacation pay. Others arise specifically […]

AM570 Kitchener: Stuart on Banning Work Email on Weekends

Stuart is interviewed by AM570 Kitchener on banning work email at home. Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)

The Latest Chapter in Employment Law: Overtime Rates & Transgender Rights

Overtime Rates to Increase October 1st   So much happens as summer turns to fall.  Students return to school, we pay more attention to the baseball standings to see whether the Blue Jays will make it to the ALCS, and overtime rates once again increase. October 1, 2016 marks the second increase to the minimum wage under the Stronger Workplaces […]

680 News Toronto: Stuart on Productivity and ‘Summer Brain’

Stuart speaks with 680 news’ Mike Eppel on ‘summer brain’ and the productivity issues some employers face during the warmer months. Click to share on Twitter (Opens in new window)Click to share on LinkedIn (Opens in new window)Click to share on Facebook (Opens in new window)Click to email this to a friend (Opens in new window)

Overtime Pay: Smartphones, emails, and “voluntary” overtime

In my latest Canadian HR Law Blog post, I discussed issues of overtime and how employers can create liability by expecting additional work, particularly when it comes to email. In recent years, we have seen a few high-profile class-action claims for unpaid overtime. On a smaller scale, my colleagues in the employment law bar and I seem to be addressing […]

Myths Regarding Entitlement to Overtime

Just because employees are paid by annual salary doesn’t mean they’re not entitled to overtime pay Click To Tweet Just because someone is paid by annual salary does not automatically mean that they are not entitled to overtime pay. I will say that right up front, since it is one of those common misconceptions that will not go away. In […]