Bill 148, also known as “A Plan for Fair Workplaces and Better Jobs”, received royal assent on November 27, 2017. Many of the changes that Bill 148 covers have been in effect since January 1, 2018, but some of them are still coming into effect at the present. In this post, we’ll be covering the changes to the Employment Standards Act (ESA). The second post (here) will cover the changes to the Labour Relations Act (LRA).
Minimum Wage
You’ve probably already seen this increase, but the Ontario minimum wage was increased to $14/hour as of January 1, 2018. It will increase again on January 1, 2019 to $15.
Equal Pay for Equal Work
As of April 1, 2018, casual, part-time, seasonal, and temporary employees who are doing the same work as full-time or permanent employees must be paid at the same rate. These employees can now ask their employer to confirm their rate of pay if they believe that they are not being paid at the correct rate. There are some exceptions if the wage difference is based on seniority, merit, or pay that is based on quantity or quality of production, but otherwise, this policy applies.
Scheduling
As of January 1, 2019, employees can request a schedule or location change without fear of being penalized, as long as they’ve been employed for at least 3 months. Employees will also be able to refuse shifts if they are asked to work on less than 96 hours notice, without fear of retaliation. Employers will also be required to pay for 3 hours of work in certain cases of shift cancellation, shifts being cut short, or employees being on-call and not called in. You can review the specifics of this particular change here.
Leave
All of the following changes to rules around leave came into effect on January 1, 2018. Employees who have worked for 5 years or more with the same employer will now be entitled to three weeks of paid vacation annually. All employees are now entitled to 10 unpaid, job-protected leave days for illness, injury, or other emergencies. 2 of these days will be paid if the employee has been employed for more than 7 days. Domestic or sexual violence leave has also been extended. Any employee who has been employed for at least 13 consecutive weeks is entitled to up to 10 individual days and up to 15 weeks of leave if they or their child experiences or is threatened with domestic or sexual violence. The first 5 days of leave, each calendar year, will be paid. Pregnancy leave loss has increased to up to 12 weeks, and family medical leave is now increased to 28 weeks in a 52 week period. Parental leave is also increased to 62-63 weeks, depending on whether the employee took pregnancy leave.
Independent Contractors vs Employees
Employees and independent contractors are classified differently under the ESA. Employees are covered under the Act, while independent contractors are not. As of November 27, 2017, if there is question as to whether someone is an employee or a contractor, the onus is now on the employer to prove that the person is not an employee. If you think your role may have been misclassified in your work, you can contact the IUPAT Tip Line 7 days a week at 416-630-5180 or toll free at 1-877-717-4322 to ask questions.
These changes to the ESA can affect IUPAT members, so please take time to review them and get in touch with us if you have any questions!
