Employee Electronic Monitoring Policy in Ontario

On April 11, 2022 new requirements for reporting the electronic monitoring of employees were added to the Employment Standards Act, 2000 (“ESA”). By October 11, 2022, employers with 25 or more employees must have a written policy on electronic monitoring. The 25-employee threshold is based on the number of employees as of January 1, 2022. …

UPDATED: Ontario Court of Appeal Sends Employers Back to the Drafting Table … AGAIN!

On June 17, 2020, the Court of Appeal for Ontario released its decision in Waksdale v. Swegon North America Inc., (“Waksdale”) 2020 ONCA 391, delivering a seismic victory for employees, upending decades of practice in drafting employment agreements, and sending companies scrambling to bring their agreements into compliance with the new reality. Drafting Employment Contracts before Waksdale …

A Look at New and Recent Fiduciary, Diversity and Corporate Filing Rules for Federal Corporations

Companies governed by the Canada Business Corporations Act (the “CBCA”) should be aware and mindful of recent amendments to the CBCA related to directors’ and officers’ fiduciary duties and diversity disclosure requirements with consequential filing obligations. Some of the amendments are already in place, others will come into force in January 2020 and the balance …

Recruiting and Employing Your Workforce in Ontario Part Two: Hiring Your Employees

Setting up a new business in Ontario can raise legal questions and concerns about recruiting and hiring your workforce. Recruiting the right candidate for employment is just the first step of entering into an employment relationship. See our first post on the requirements for recruiting (https://www.canada-usbizlawblog.com/2019/12/10/recruiting-and-employing-your-workforce-in-ontario-part-one-recruiting-your-workers/). The second step is to understand the differences between …

Recruiting and Employing Your Workforce in Ontario Part One: Recruiting Your Workers

Entering into any new market for business can raise questions about the legal issues and requirements of recruiting and employing your workforce. American employers may be nervous about operating without “at-will” employment of their workforce. Some employers may be tempted to use an “easy strategy” of independent contractor arrangements in place of employment relationships. This …

WSIB’s Rate Framework Reform: A Third Policy Update and What Can You Do Now

This is the third post in my series of updates and insights to assist Schedule 1 employers with the transition to the new WSIB Rate Framework (“RF”) which will commence on January 1, 2020. The last post spotlighted two key policy updates, the Policy 14-02-01 Employer Level Premium Setting and Policy 14-02-06 Employer Premium Adjustments. …