Published November 29, 2017
BY NSN STAFF
Minimum wage in the province of Ontario will increase at the stroke of midnight on Jan. 1 after the Liberal government’s Fair Workplaces, Better Jobs Act received Royal Assent this week.
Passing the final legislative hurdle on Nov. 27, the bill includes a series of revised employment laws including an increase to minimum wage to $14 an hour on January 1, 2018, and to $15 an hour on January 1, 2019.
“I am happy the Fair Workplaces, Better Jobs Act has now received Royal Assent,” said Minister of Labour Kevin Flynn in a statement this week. “Our new legislation addresses the needs of the modern workplace and provides a minimum wage workers can actually live on. We can build a better, fairer Ontario for everyone.”
Key provisions of the legislation that are now in effect include:
Protection Against Employee Misclassification: The Employment Standards Act, 2000, now expressly prohibits employers from misclassifying employees as “independent contractors.” This is intended to address cases where employers improperly treat their employees as if they are self-employed and not entitled to the protections of the ESA. In the event of a dispute, the employer would be responsible for proving that the individual is not an employee.
Changes to the Occupational Health and Safety Act: The Act now prevents employers from requiring a worker to wear footwear with an elevated heel, for example, high heels, at work, unless such footwear is required for the worker’s safety.
Provisions that come into effect on December 3, 2017, include:
Critical Illness Leave: An employee will be entitled to take up to 17 weeks of leave in a 52 week period to provide care or support to a critically ill adult family member.
Parental Leave: The length of parental leave will increase; this leave was up to 35 weeks long if the employee took pregnancy leave, and 37 weeks otherwise. As of December 3, 2017, it can be up to 61 weeks if the employee takes pregnancy leave, and up to 63 weeks otherwise.
The Critical Illness Leave and Parental Leave changes were made to align with federal changes to Employment Insurance.
Employers will be required to pay casual, part-time, temporary and seasonal employees the same rate as full-time, permanent employees when doing the same job. This will also apply for temporary help agency employees doing the same job as permanent employees at the company they are assigned to. These provisions will come into effect on April 1, 2018.