01May 24
The Perils of Bias in Workplace GenAI
In the rapidly evolving landscape of tech, Generative Artificial Intelligence (GenAI) is becoming a central player, especially in sectors like customer service, content creation, and…
Parental Leave, EI and Top-Up Basics
March 16, 2022
Photo by Kelly Sikkema on Unsplash
As companies struggle to retain their talent in the midst of so many economic and health changes, many are finding new ways to attract and keep employees. A growing number of companies, for instance, are providing their employees with or extending existing pregnancy or parental leave top-up payments to assist families with caregiving responsibilities (present and/or future).
Pregnancy vs. Parental Leave Basics
First of all, it’s important to distinguish between two commonly confused leaves: pregnancy and parental leave. In Ontario, pregnancy leave is taken by the birthing parent and typically starts before the birth of the child. Parental leave, on the other hand, can be taken by either or both new parents after the birth of the child or when a child comes into the employee’s custody, care and control. Parental leave can also be used by parents who are adopting a child. The birthing parent will typically take a combination of pregnancy and parental leave. These leaves are protected leaves under the Employment Standards Act, 2000 (“ESA”). The ESA sets out the requirements for the leaves, for example, how long an employee must be employed with the employer before they can take the leave, and the employee’s entitlements both during the leave and upon return from the leave.
Bill 88: More Changes to the Employment Standards Act
March 10, 2022
Photo by Matthew Henry on Unsplash
Bill 88 has been receiving a lot of media attention for the aspects related to digital platform workers and the proposed creation of the Digital Platform Workers’ Rights Act, 2022. While this will impact many workers, it will not have an impact on most employers. Employers do need to pay attention to other aspects of the Bill, which propose new changes to the Ontario Employment Standards Act, 2000. Chief among these is a new requirement for employers with 25 employees or more to have a written policy with respect to electronic monitoring of employees.
Electronic Monitoring of Employees
If passed, Bill 88 will require that employers who employ 25 employees or more, on January 1 of any given year, have a written policy with respect to the electronic monitoring of employees. The wording of the Bill suggests that even employers who do not electronically monitor employees will be required to have a written policy, provided they employ 25 employees or more on January 1 of any given year.
Free webinar: Budget-Friendly Legal Services
March 4, 2022
Join SpringLaw’s Lisa Stam and Gaya Murti as they share some practical tips to reduce your legal spend.
– Build the most important, cost-saving legal docs first to avoid pricey exits down the road
– Use firms with collaborative, time-saving platforms and integrated legal support
– DIY what you can, customize the rest
Date: Wednesday, March 23, 2022
Time: 10:30-11:00 am EST
Register today: Click here!
Non-Compete Clause Update
March 2, 2022
Photo by Leon Seibert on Unsplash
In a recent post, we talked about Ontario’s then-proposed and now law ban on non-compete agreements in employment contracts under Bill 27, Working for Workers Act, 2021 (“Bill 27”). The ban was effective as of October 25, 2021. Initially, there was some confusion about the enforceability of non-compete agreements or clauses entered into prior to the introduction of Bill 27. The Superior Court of Justice has recently released its decision for Parekh et al. v. Schecter et al., which clarifies that enforceable non-compete clauses entered into before October 25, 2021 will not be impacted by the ban and can be upheld.
Who is an Information Technology (IT) Professional in Ontario? And What Rules Apply to Them?
February 23, 2022
Photo by Christina @ wocintechchat.com on Unsplash
Tech is on the rise. Tech jobs have exploded in number in past years, but especially so since the pandemic. We work with a lot of tech clients, especially tech startups with workforces that are growing exponentially. There are many types of workers who work with tech companies, amongst them information technology (IT) professionals. It is critical for tech companies that employ IT professionals to understand the rights of their workers, especially their IT professional employees, whose employment standards rights are different from those of some other employees.
How Are an IT Professional’s Rights Different?
Under O. Reg. 285/01 of Ontario’s Employment Standards Act, 2000 (“ESA”), IT professionals are exempt from the following requirements under the ESA:
Bringing workers back into the workplace
February 18, 2022
On January 27, 2022, the Ontario government published Regulation 25/22, which amends the Rules for Areas in Step 3 and at the Roadmap Exit Step (“Rules for Step 3”) with respect to COVID-19. All of Ontario moved into Step 3 on January 31, 2022, under Regulation 26/22.
The amendments to the Rules for Step 3, as it relates to the workplace, removed the requirement for employers to allow workers to work from home. Other changes include revoking the requirement to record peoples’ contact information when entering specified businesses and reducing capacity limits in public venues.
Employers were previously required, when Ontario temporarily moved to Step 2 on January 5, 2022, to ensure that their employees worked remotely unless they were required to be on-site given the nature of their work.
