Page 22 - D12771 - LBMAO - Jan-Feb-2018 - REPORTER - web

How we enforce the Employment • On Jan. 1, 2018, when the general the current timeline for the review, as
Standards Act minimum wage rises to $14, the following well.
special minimum wages would take • The first review of the minimum wage
What’s changing effect: process would occur in 2024 instead.
We are stepping up enforcement to o Students under 18 - $13.15/hour • The Advisory Panel concluded that
make sure these new rules are followed, o Liquor Servers (who regularly receive the CPI model as a basis to adjust the
including: tips) – $12.20/hour minimum wage rate was the most
o Hunting and Fishing Guides favoured by stakeholder groups.
• focusing on employers who compete - Working under 5 consecutive • The government is confident that this
unfairly by breaking the law hours – $70/day process should stay in place for the time
• protecting the majority of employers that - Working 5 or more hours – $140/ being.
follow the rules from experiencing unfair day
competition from employers that do not
• launching a program to educate both o Homeworkers What do the raises in the minimum wage
mean for the work the Ontario government is
- 110% of general minimum wage –
employees and small and medium- $15.40/hour doing on income security and also the Basic
sized businesses about their rights • On Jan. 1, 2019, when the general Income pilot? Do we really need to be moving
and obligations under the Employment minimum wage rises to $15, the following forward with those given we’ll be having a
Standards Act, 2000 special minimum wages would take higher minimum wage?
• hiring up to 175 more employment effect: A minimum wage is just one tool for
standards officers o Students under 18 – $14.10/hour ensuring that all Ontarians can share in our
Once the new employment standards o Liquor Servers (who regularly receive joint prosperity. This builds on the work
officers are hired, the Employment tips) – $13.05/hour that the government is doing with income
Standards program will: o Hunting and Fishing Guides security, the basic income pilot and also
- Working under 5 consecutive other initiatives such as OHIP+, free tuition
• resolve all claims within 90 days
hours – $75/day
• inspect one in 10 Ontario workplaces - Working 5 or more hours – $150/ for low income Ontarians and the expanded
Canada Pension Plan.
every year
day
• assist new employers, specifically o Homeworkers Employee misclassification
medium and small business, to comply
with the Employment Standards Act, 2000 - 110% of general minimum wage –
$16.50/hour What changes have been brought in through
Other changes • Yearly increases to the minimum wage the Fair Workplaces, Better Jobs Act to address
Visit www.news.ontario.ca to learn more (based on the Consumer Price Index) will employee misclassification?
The Fair Workplaces, Better Jobs Act
about some of the other changes to the resume in October of 2019. amends the Employment Standards Act
Employment Standards Act, 2000 and the
Labour Relations Act, 1995, including: What is the purpose of the minimum wage? to expressly prohibit employers from
misclassifying an employee as a contractor.
• Minimum wage is generally the lowest
• overtime pay This could allow for penalties to be imposed
• liability for related employers rate that can be paid by employers to on employers that misclassify. In the event
employees.
• public holiday pay of a dispute, the responsibility would be on
• leave for the death of a child and for • The general intent of the minimum wage the employer to prove that the individual is
is to create a wage floor for the labour
crime-related disappearance not an employee.
• family medical leave market, ensure a minimum standard
of living for employees, and to prevent
• physician notes for absences How will this help employees?
• orders to pay employees directly employers from taking unfair advantage Being misclassified as a contractor can
of employees with little or no bargaining
• employee contact result in an employee being unjustly denied
• collections power. rights and benefits under provincial labour
• electronic agreements laws. This new provision will protect against
• exclusions When will the next consumer price index (CPI) such misclassifications.
increase to the minimum wage take effect?
• union certification
Since the minimum wage will rise to
• successor rights $14 on January 1, 2018, and then to $15 Scheduling
• structure of bargaining units
• return-to-work rights and procedures on January 1, 2019, the next CPI increase What changes does the Fair Workplaces,
would occur on Oct. 1, 2019.
• just cause protection Better Jobs Act make with regard to employee
• fines scheduling?
Why is the review of the minimum wage The legislation sets out new scheduling
Frequently asked questions process now scheduled to occur in 2024? rules:
• Based on the Minimum Wage Advisory
Minimum wage Panel’s recommendation, the first 5-year • Employees will have the right to request
schedule or location changes after having
How are you increasing the minimum review of the minimum wage process was
wage? scheduled to occur in 2019. been employed for three months, without
fear of reprisal.
• However, based on the ministry’s current
• The general minimum wage rises to $14 • Employees who regularly work more than
on January 1, 2018 proposal and the amendments that three hours per day, but upon reporting
• It will rise to $15 on January 1, 2019 would take place in 2018 and 2019, it to work are given less than three hours,
would be ideal for the ministry to reset
22 LBMAO Reporter - January-February 2018 www.lbmao.on.ca