Employment Standards Act ~ Common Pitfalls and Best Practices

Given its broad application to employers and employees, one might expect employment standards legislation to be relatively straight forward and easy to apply. Sadly, it’s not. Join us for a deep dive into the Ontario Employment Standards Act, 2000 (“ESA”) (and a sprinkle of other provinces), including common pitfalls, and best practices to minimize risk. Topics include:

1. Employee Misclassification

o Independent contractors? Volunteers? Interns? Students? Does the ESA apply?

2. Overtime and Hours of Work

o Who is (and is not) entitled to overtime pay

o Strategies to manage overtime costs

o Tracking and managing remote employees

o The “three-hour” rule and when it applies

3. Vacation Time and Pay

o Distinguishing between “time” and “pay” (and why it matters)

o Calculating vacation pay (not as simple as it seems)

o “Greater right or benefit” (don’t give more than you bargained for)

o Vacation scheduling and carry-over

4. Termination for “Wilful Misconduct” (ESA) versus “Just Cause” (common law)

o How these different standards can be costly (unless you draft carefully)

5. Why an Employee’s Remote Work Location Matters

o When the ESA applies to an employee temporarily out of the province