Five New Year's Resolutions For Ontario Employers

Ontario employers can be forgiven for a lack of enthusiasm in ringing in 2018. Several significant changes to the Employment Standards Act, 2000 (the "ESA") come into effect as of January 1, 2018 and many employers are scrambling to ensure that their policies and practices are up to date. However, the ESA amendments are not the only employment issues that should be on your radar for 2018. We've put together a short list of suggested New Year's resolutions to help employers proactively address potential workplace issues in 2018 and beyond.

1. Conduct a Compliance Check with the New ESA Requirements

   As of January 1, 2018, the following new (or revised) employment standards are in effect in Ontario:

   General minimum wage: $14.00 per hour Paid vacation: 3 weeks per year after 5 years of service New formula for calculating public holiday pay wherein the calculation is to be based on number of days actually worked in the pay period immediately preceding the public holiday Employees who work in more than one position for an employer must be paid overtime calculated on the rate for the position that they are working in during the overtime period Employees of temporary help agencies have the right to receive one week of notice or pay in lieu if an assignment that was scheduled to last longer than 3 months is terminated early, unless another assignment of at least one week is offered to the employee In addition, the following new or updated leaves of absence come into effect:

   Personal emergency leave: 10 days, the first 2 of which must be paid (50-employee threshold eliminated; Employers prohibited from requiring a doctor's note for this leave) Family medical leave: 28 weeks in a 52-week period Pregnancy leave for still births/miscarriages: 12 weeks Child death leave: 104 weeks following the death of a child Crime-related child disappearance leave: 104 weeks Domestic or sexual violence leave: 10 days and 15 weeks in each calendar year, the first five days of which must be paid 2. Update Your Policies to Address Legalized Cannabis

   As of July 1, 2018, cannabis will be legalized across Canada. Ontario is still in the process of developing its procedure for regulating the purchase and sale of cannabis products but currently there is no indication of explicit guidance from the province on workplace impacts. Employers must assess how best to respond to the legalization of cannabis in light of their commitment to provide employees with a safe and productive...