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Attention Employers: Legal Changes Coming to Job Posting Requirements

Attention employers and job seekers! As a result of some incoming changes to the Employment Standards Act, job postings are about to look different!

Attention Employers: Legal Changes Coming to Job Posting Requirements

Ontario’s Working For Workers Four Act received Royal Assent on March 21, 2024. And now, a brief interlude on Ontario’s law-making process in case you’ve forgotten: Royal Assent is the last step in the process that makes a Bill law.

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Update for Federal Employers: Canada Labour Code Amendments – Now in Force, as of February 1, 2024

Important update for all federal employers! Amendments to the Canada Labour Code are now in force as of February 1, 2024. Do you fall into this category? And if so, what does this mean for you? 

Canada Labour Code Amendments

Federal Employers

As we’ve discussed in a previous blog, the Canada Labour Code is a federal law which sets out minimum employment standards for sectors that fall under federal power.

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Ontario Introduces Pay Transparency Bill as It Aims to Keep Pace with British Columbia and Prince Edward Island

On November 8, 2023, we wrote about the new pay transparency legislation in British Columbia that is now in effect and also noted that the Ontario government announced plans to introduce similar legislation. On November 14, 2023, the Ontario government did just that with Bill 149, Working for Workers Four Act, 2023

Ontario Introduces Pay Transparency Bill as It Aims to Keep Pace with British Columbia and Prince Edward Island

Bill 149, among other things, would require employers who advertise a “publicly advertised job posting” to include “information about the expected compensation for the position or the range of expected compensation for the position.” Bill 149 further notes that the following information may be prescribed by regulation:

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Respect in the Workplace Policies: An Employer’s Starting Point for DEIB Initiatives

Employers often state that promoting DEIB initiatives is a top priority, and they ask us how best to improve on the start they’ve made (or how to get on board in a meaningful way for the first time). For those less versed in this space, DEIB stands for Diversity, Equity, Inclusion and Belonging. The ‘belonging’ component is a more recent addition to the acronym. According to Gallup, in a ‘culture of belonging’ employees are appreciated for what they bring to the group, there is a genuine desire for meaningful relationships, and there is an appreciation for the differences between people. In addition to leading to a happier workplace, it’s no surprise that fostering a culture of belonging makes good business sense. Gallup found that if more employees believed that their opinions counted, “organizations could reduce turnover by as much as 27%, safety incidents by 40%, and increase productivity by 12%.”

DEIB Workplace Policy

A growing community of recruitment and HR professionals and consultants are promoting and advancing  DEIB initiatives by sharing innovative tools and resources – e.g. AI communication coaching providing private, judgment-free feedback on our unconscious biases (we have them!); quizzes or surveys to assess whether we understand and how we perceive the concept of belonging at work; DEIB courses on having a more productive dialogue about diversity; roadmaps for highly engaged employee resource groups (ERGs), and so on. While there is a loooong way to go, the growth in this space is impressive. 

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Navigating Disability Accommodation Requests: Balancing Privacy and Information

Accommodating employees with disabilities and medical issues is an integral part of creating an inclusive and equitable workplace. But what should an employer do if they receive a request for accommodation that does not provide enough information? How can we balance an employee’s right to privacy with an employer’s need for sufficient information to assess an accommodation request?

Navigating Disability Accommodation Requests: Balancing Privacy and Information

What is the duty to accommodate? 

Under the Ontario Human Rights Code, employers have a legal duty to accommodate the needs of people with disabilities. This duty has both a procedural and a substantive component. This means that both the procedure used to assess the accommodation and the actual substance of the accommodation provided are important for employers to fulfill their duty. 

However, the duty to accommodate is not absolute. Employers must accommodate to the point of undue hardship. Employers do not need to provide an accommodation if it would cause undue or excessive hardship, such as onerous costs or health and safety risks. 

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Thinking of Implementing a Four-Day Workweek? Be Mindful of the Potential Legal Implications

In this current work climate, it’s all about work-life balance. Employees know what they want and if it’s not being offered at one job, they will search for it elsewhere. This has employers scrambling to offer higher salaries, greater benefits, hybrid or remote work options, or even four-day work weeks to keep up with the competitive job market. All these perks seem fine and dandy to attract employees but if you’re considering a shift to a four-day workweek, it’s important to know the legal implications this could impose.

 Legal Implications of Implementing a Four-Day Workweek?

How do Four-Day Workweeks Work?

Four-day workweeks can be implemented in different ways depending on the nature of your business. Typically, employees work their same (8-hour) workdays but only four days a week, meaning they are only working 32-hour workweeks, while still receiving the same pay and benefits. Alternatively, some businesses have changed their daily working hours to 10-hour days but only four days a week, amounting to a usual 40-hour workweek. Another tactic is employees agreeing to a reduced-hour workweek while also reducing their pay to compensate for the difference.

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