Employment Law: The update on Bill 148

The PC (Progressive Conservative) government issued on October 2nd that it plans to all or some of Bill 148. However, there is no proper information available currently about which parts of the bill will be preserved. But, there are indications that the fourteen dollars per hour increase of minimum wage will stay and the vacation time changes and paid sick days will be canceled. Employment Lawyer Toronto confirms that they will provide more details and updated information available on their website.

Employment Law Firms Toronto

Original Article:  The Government of Ontario passed a new legislation last year, BJA (Better Jobs Act), Fair Workplaces; 2017that compensates specific parts of the ESA (Employment Standards Act). This comprehensive bill impacts the rate of pay, minimum wages, and also, the employer suggests an employee wear what shoes at work.

It is important for small companies to be responsive and follow the new rules, as the level of changes will be followed by the enlarged administration. The government has declared plans to appoint around 175 additional administration officers and professionals to examine one in ten businesses every year.

Employment Law Firms Toronto provides an overview of what small businesses in Ontario need to understand the major changes to their requirements under the amended legislation.

Performance Timeline for Key Changes:

  • Employee misallocation as it  enforced to all non-employees, implemented on Nov 27, 2017
  • Office footwear requirements, implemented on Nov 27, 2017.
  • The Minimum wage increase, implemented on Jan 1, 2018.
  • Pay increase and vacation time, implemented on Jan 1, 2018.
  • Public holiday pay estimation changes and latest notice requirement, implemented in Jan1, 2018.
  • PEL (Personal Emergency Leave) and other changes, implemented on Jan 1, 2018.
  • Termination of Assignment and temporary help agency implemented on Jan1, 2018.
  • Equal pay needs, implemented on April l, 2018.

The new law enumerates a requirement that has been in subsistence federally through the CRA (Canada Revenue Agency) for some time; also, locally through Employment Standards right of action act says that the employers cannot categorize any type of non-employee.

You should know that the new bill specifically forbids employers treating their employees as independent contractors or any other category of non-employee.   This kind of misclassification causes a breach of the ESA, and the employers that misclassify may have crippled those standards. The adjustment creates a new impartial infringement for ‘misclassification’ and employers who misclassify their employees have to face the penalties for disobeying this new condition.

Whereas the Federal conditions mainly associate to tax amounts due and resource presumption requirements. The new ban in Ontario associates to the self-governing contractor status being used, to prevent protection or the OESA (Ontario’s Employment Standards Act) requirement.

However, the CRA and the OML (Ontario Ministry of Labour) both pertain the regular law tests to find out whether an employee is a ’worker’ and evaluate related factors when making the decision. The fact that an individual is not or is considered an employee/worker for the employment insurance purpose or income tax purpose the act is not final for the Ministry of Labour because the reasons of the ESA and the law carried out by the CRA are different