Given its broad application to employers and employees, one might expect employment standards legislation to be relatively straight forward and easy to apply. Sadly, it’s not. Join us for a deep dive into the Ontario Employment Standards Act, 2000 (“ESA”) (and a sprinkle of other provinces), including common pitfalls, and best practices to minimize risk. Topics include:

1. Employee Misclassification

• Independent contractors? Volunteers? Interns? Students? Does the ESA apply?

2. Overtime and Hours of Work

• Who is (and is not) entitled to overtime pay
• Strategies to manage overtime costs
• Tracking and managing remote employees
• The “three-hour” rule and when it applies 

3. Vacation Time and Pay

• Distinguishing between “time” and “pay” (and why it matters)
• Calculating vacation pay (not as simple as it seems)
• “Greater right or benefit” (don’t give more than you bargained for)
• Vacation scheduling and carry-over

4. Termination for “Wilful Misconduct” (ESA) versus “Just Cause” (common law)

• How these different standards can be costly (unless you draft carefully) 

5. Why an Employee’s Remote Work Location Matters

• When the ESA applies to an employee temporarily out of the province