On March 21, 2024, Ontario’s proposed Invoice 149, the Working for Employees 4 Act, 2023, obtained royal assent, ushering in important modifications to the province’s employment legal guidelines. This landmark laws amends a number of key acts, together with the Ontario Employment Requirements Act, 2000 (ESA), the Digital Platform Employees’ Rights Act, 2022, the Truthful Entry to Regulated Professions and Obligatory Trades Act, 2006, and the Office Security and Insurance coverage Act, 1997.
Roberts & Obradovic Regulation, a Toronto-based agency specializing in employment and enterprise regulation, outlines the next key factors that employers have to know to remain compliant with the brand new necessities launched by Invoice 149:
Key Adjustments Launched by Invoice 149
Job Posting Necessities
- Pay Transparency: One of the vital notable modifications is the requirement for employers to incorporate anticipated compensation or a variety of anticipated compensation in any publicly marketed job posting. This transfer goals to reinforce pay transparency and guarantee honest hiring practices. The specifics of what constitutes a “publicly marketed job posting” will likely be outlined in future laws.
- Canadian Work Expertise: Employers will not have the ability to mandate Canadian work expertise in job postings. This variation is designed to cut back obstacles for internationally skilled immigrants looking for employment of their respective fields, aligning with the Ontario Human Rights Fee’s stance towards such necessities as probably discriminatory.
- Synthetic Intelligence (AI) Disclosure: If employers use AI to display screen, assess, or choose job candidates, they have to embrace a press release disclosing this follow within the job posting. This requirement goals to guard job seekers from technological biases and uphold their privateness rights.
- Retention of Job Postings: Employers should retain copies of publicly marketed job postings and any related utility kinds for 3 years from the date the posting is faraway from public view. This measure ensures accountability and transparency in hiring practices.
Amendments to the Employment Requirements Act (ESA)
A number of amendments to the ESA are already in impact as of March 21, 2024:
- Wage Deductions: Employers are prohibited from deducting wages if a buyer leaves with out paying for items or providers, a change notably related to the hospitality and retail sectors.
- Trial Intervals: The definition of “coaching” now explicitly contains trial intervals, clarifying that workers should be paid for all work carried out, together with throughout trial shifts.
Additional amendments to the ESA will take impact on June 21, 2024:
- Ideas and Gratuities: Employers pays ideas by money, cheque, or direct deposit, offered sure standards are met. Any tip-sharing insurance policies should be posted conspicuously within the office and retained for 3 years after they’re not in impact.
- Trip Pay: Employers should clearly define any different preparations for trip pay in an settlement, and pay trip pay in keeping with the agreed schedule.
Digital Platform Employees’ Rights Act (DPWRA) Amendments
Invoice 149 additionally introduces amendments to the DPWRA, permitting the federal government to prescribe guidelines for minimal wage compliance and pay interval limitations for digital platform employees. These provisions will come into drive as soon as different minimal wage provisions of the DPWRA are enacted.
Guarantee Compliance & Search Authorized Steering
Ontario employers should assessment and replace their practices to align with these new legislative necessities. Particularly, employers ought to revise their job postings to adjust to pay transparency and AI disclosure mandates and guarantee adherence to the brand new guidelines relating to wage deductions, trial intervals, ideas, and trip pay.
Given the complexities of those modifications, companies ought to search steerage from an skilled enterprise and employment lawyer to know their obligations and guarantee full compliance with Invoice 149. This proactive method may help mitigate dangers and be certain that your small business practices align with the most recent authorized requirements.
Creator Bio
Roberts & Obradovic Regulation is a Toronto-based agency specializing in employment and enterprise regulation. Our group of skilled attorneys is devoted to serving to companies navigate complicated authorized modifications like Ontario’s Invoice 149, guaranteeing compliance and defending consumer pursuits. For extra data, go to Roberts & Obradovic Regulation
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