Privacy Compliance: We’re Watching You, Employees, But Not Really

Electronic Monitoring Policy Deadline: Oct.11, 2022With only a few business days left before October 11, 2022, when employers must have a written Electronic Monitoring Policy in place, SpringLaw is fielding regular questions from employers about their near-final drafts. The policy requirements and meeting this new transparency obligation are discussed in our prior blog: New Electronic Monitoring Policy: The What, How and Why for Employers. The deadline for providing a written copy to employees is November 10, 2022.

Step One: Review Your Current Electronic Monitoring Practices

Employers with a buttoned-down approach should start with a broad review of their current monitoring practices. This may unearth some overkill monitoring and data collection – passive and unintentional, or otherwise. 

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New Electronic Monitoring Policy: The What, How and Why for Employers

New Electronic Monitoring Policy: The What, How and Why for EmployersOntario has taken the lead in terms of enhancing employer transparency in the workplace and ensuring that workers are able to disconnect from their work. Now that employers with 25 or more employees (as of January 1, 2022) must have a Disconnect From Work Policy, it’s time for employers to calendar more Covid-driven workplace requirements. This same employer group must have an Electronic Monitoring Policy prepared by October 11, 2022, and rolled out within 30 days, by November 10, 2022. These are both policies that employees are actually reading, so it’s worth the advance planning by employers. 

Bill 88, the Working for Workers Act 2022 became law in April and requires employers to be transparent about how they monitor their employees’ use of devices such as computers, cell phones and GPSs. 

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An Update on Bill 27, Working for Workers Act, 2021

In our recent blog, we talked about Ontario’s Bill 27, Working for Workers Act, 2021, which proposed new changes to several pieces of legislation, most notably the Employment Standards Act, 2000. On November 30, 2021, Bill 27 passed third reading and on December 2, 2021, it received royal assent, making it now law. In this post, we will highlight some of the key changes.

Non-Compete Agreements are Prohibited

Under Bill 27, employers are prohibited from entering into employment contracts or other agreements with employees that is or includes a non-compete agreement. Employers will be pleased to know that there is an exception for executives; these employees may still enter into non-compete agreements with employers. 

Executives are defined as “any person who holds the office of chief executive officer, president, chief administrative officer, chief operating officer, chief financial officer, chief information officer, chief legal officer, chief human resources officer or chief corporate development officer, or holds any other chief executive position”.

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Vacation pay class actions a heads up for employers

Since 2019, there have been five proposed class actions against insurance companies and banks for failure to pay proper vacation pay to employees, both past and present. The total amount claimed in the aggregate of these five actions is around $1.2 billion. Royal Bank of Canada is a named party in three of the five actions; in one, it is facing a proposed $800-million class-action lawsuit involving thousands of advisors. Bank of Montreal and Allstate Insurance are also named in these class actions. A significant aspect of the allegations against these employers revolves around the calculation of their employees’ vacation pay. The issue is that for many of these employees, the majority of their compensation is and was made up of commissions and bonuses. Their vacation pay, however, was and continues to be based solely on their much lower base salaries.

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Covid-19 2nd Wave Workplace Law Issues: Part 2

covid-19 workplace law issues

Credits: www.cherrydeck.com

With the new Ontario Covid-19 response framework in place and Covid-19 still on the rise, employers need guidance on how to navigate workplace law issues.

During our last webinar, we covered this very topic and were flooded with employer questions. This is Part 2 of our Q&A on the second wave of Covid-19 workplace law issues.  Click here for Part 1.  

Question 7: If an employee chooses to work from home because of childcare, kids’ online learning/homeschooling, but their role is impossible to do at home, are we required to provide alternative work OR do they just go on leave? 

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Covid-19 2nd Wave Workplace Law Issues: Part 1

coronavirus workplace legal considerations

Credits: www.cherrydeck.com

With the second wave of Covid-19 upon us, new government benefits now in place and government business restrictions shifting, it is important for employers to be up to speed on key workplace legal considerations and compliance issues.  During our last webinar, we covered this very topic and were flooded with questions from employers.  Below is part 1 of a summary of the most common Q&As.

Question 1: Are employees entitled to an accommodation to work from home if it is a choice or preference to not put their kids in school, rather than a need based on health issues?

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