1. Fair Workplaces, Better Jobs Act, 2017
John W. Saunders
September 2017

2. Bill 148: An Overview The Bill will amend: Subject to further change!
Employment Standards Act, 2000
Labour Relations Act, 1995
Minor changes to several other employment related legislation

3. Timeline of Events CWR Commences (May 2015)
Interim Report Released (July 2016)
Final Report Released (May 23, 2017)
Legislation Announced (May 30, 2017)
Bill 148 First Reading (June 1, 2017)
Public Consultations (July 2017)
Clause-by-Clause Consideration by Committee (August 21, 2017)

4. Timeline of Events Legislature returns September 11, 2017
More public consultations after second reading
Most ESA changes will be effective January 1, 2018
LRA changes will be effective 6 months after the Bill receives Royal Assent

5. Changes to the Employment Standards Act, 2000

6. Overview of Changes Classification of Employee
Minimum Wage
Equal Pay for Equal Work
Scheduling
Vacation Increases
Holiday Pay
Statutory Leaves

7. Changes in Scope of ESA Now applies to: Classification of “Employee”
Prohibits misclassification
Employer has onus to prove independent contractors are true independent contractors
trainees

8. General Minimum Wage in Ontario 2013 – 2019

9. Equal Pay for Equal Work
Equal pay for equal work has been extended to include employment status
No employee may be paid less than what is paid to full-time employees of the same employer, performing the same job

10. Equal Pay for Equal Work
Employment status:
Full-time/part-time/temporary/casual/unionized
Students?

11. Equal Pay for Equal Work
No Employer shall pay a rate of pay to one employee that is different than another employee because of a different employment status when:
They perform substantially the same kind of work in the same establishment;
Performance requires substantially the same skill, effort, responsibility; and
The work is performed under similar working conditions.

12. Equal Pay for Equal Work
Seniority;
Merit;
A system that measures earnings by quantity or quality of production;
Any other factor other than sex or employment status.

13. Equal Pay for Equal Work
The Bill provides for a transition period for collective agreements that are in effect on
April 1, 2018
Continues until earlier of a date the collective agreement expires or January 1, 2020

14. Equal Pay for Equal Work
Practical Issues In a Composite Fire Department
Volunteer Firefighters - $25/hr
Full-Time Firefighters
First Class $43/hr ($93,000.00/yr)
Probation $28/hr (65% of 1st Class)

15. Equal Pay for Equal Work
“Rate of Pay”
not defined
“Regular Rate”
“amount earned for an hour of work”
"amount earned in a given work week divided by the number of hours actually worked in that week”
3/6/9?
Point systems for Volunteers?
Honorarium for Volunteers?

16. Equal Pay for Equal Work
In a Composite Fire Department
Volunteer v. Full-Time
Same kind of work?
N.F.P.A same skill, effort, responsibility
Similar working conditions

17. Equal Pay for Equal Work
Equal pay does not apply if:
In a Composite Fire Department
Different seniority system?
Different merit
No real performance appraisals
System that measures earnings by quality or quality of production
Other factors
Volunteers don’t have to show up

18. Equal Pay for Equal Work
Practical Process
Parks & Recreation Dept. or Public Works Dept.
Grass cutting/pools/operator #1
Same kind of work in same kind of establishment
Substantially same skill, ability, responsibility
Similar working conditions

19. Equal Pay for Equal Work
Equal pay does not apply if:
Parks and Recreation Dept. or Public Works Dept.
Seniority system – Union v. Non-Union
Merit – all have DZ license and certificate
System that measures earnings by quality or quantity of production – probably does not apply
Other factors?

20. Equal Pay for Equal Work
In Practice:
Employee may request a review of wages
Employer must respond by either:
Protections from reprisal 1 2
Adjusting the employee’s pay accordingly
If the employer disagrees, providing a written explanation

21. Equal Pay for Equal Work
How to prepare:
Proactive with wage rates
Work with temporary agencies?
Make it part of pay equity
Prepare for collective bargaining
Have a review system in place for complaints

22. Scheduling
Any employee with at least 3 months’ service has the right to request schedule or work location changes without reprisal 
City shall discuss request with employee
City shall notify employee of decision in reasonable time
Give reasons for denial

23. Scheduling
Bill 148 will amend the 3-hour reporting rule to require payment at the regular rate of pay (as opposed to the minimum wage rate)
If regulatory work for more than 3 hours
works less than 3 hours, despite being able to work longer
Does not apply if caused by fire, lightening, power failure storms, similar causes beyond city’s control

24. Scheduling
New “on-call” rule to require payment at least 3 hours pay for employees who are on-call and who are either
a) Not called in to work or
b) Who are called in but work less than 3 hours

25. Scheduling
The right to refuse a shift or to refuse being placed “on call” without reprisal if there is less than 4 days’ notice provided
Does not apply: work is to deal with an emergency, or to remedy a threat to public safety

26. On-Call Rule Volunteer Firefighters Don’t have to attend
On call vs. being on a call-in list
Cost $25 x 3 hrs/day x 365 days/yr = $27,375/yr

27. On-Call Rule Part-time/Full-time Firefighters Have to attend
$43.00 x 3 hrs/day x 365 days/yr = $47,085/yr
Divide by 4 platoons = $11,771/yr

28. On-Call Rule Managers Fire/EMS/Police Public Health Water/Sewer
Operation #1 – plowing/water/sewer
Public Health Nurses

29. Practical Issues
Are they dealing with an emergency or staffing shortage?
Are they reducing a public threat to safety?
Normal winter snow = more than two inches
Not an emergency?
Many PSWs call in sick
Large water main break

30. Vacation and Public Holidays
3 weeks vacation for employees with 5+ years
Public Holidays
Based on regular wages from previous pay period
Holiday Pay =
Regular wages from previous pay period
Days worked in that period

31. Practical Issues 9 Stats
All part-timers who work 1 day every two weeks
get paid 9 extra days
Make pay period one week, don’t schedule in previous week
If part-time then works in 3 different jobs, get paid 3 times for each stat

32. Personal Emergency Leave
10 days (2 paid + 8 unpaid)
Qualifying period for paid days: 1 week of employment
Applies to all workplaces (the 50 employee threshold will be removed)
Employers will not longer be able to require a medical note as reasonable evidence

33. Domestic or Sexual Violence Leave
New standalone leave for domestic or sexual violence
An employee who has been employed for at least 13 consecutive weeks is entitled to an unpaid leave of absence with respect to domestic/sexual violence
To seek medical attention, obtain services from a victim services organization, obtain counselling, relocate, or to seek legal assistance

34. Pregnancy and Parental Leave
Brings the ESA in line with recent changes to the Employment Insurance Act
The length of parental leaves will increase by a total of 26 weeks:
From 35 weeks to 61 weeks for employees who took a pregnancy leave, and
From 37 weeks to 63 weeks for employees who did not

35. Other Leaves of Absence
Family Medical Leave
Increased leave from 8 weeks  27 weeks
Increased period of risk from 26 weeks  52 weeks
Child Death/Disappearance Leave
No longer requires the death to be crime related
Disappearance leave increased to 104 weeks

36. Temporary Help Agencies
Equal pay for equal work
Agency employer has obligation to reply
A temporary help agency must provide an assignment employee with one week’s notice (or pay in lieu of notice) if an assignment of more than three months ends early
Unless another assignment of more than one week is offered
Agency must retain a record of written notice

37. Enforcement Increase penalties for non-compliance
Additional employment standards officers
New education programs

38. Miscellaneous Changes
Related employer provisions clarified/expanded
Use of electronic agreements
Overtime rates (multiple jobs)
Wage collection measures
Many additional record-keeping requirements

39. CWR Recommendations Not Included in Bill 148
Elimination of the student and server minimum wage
Removal of the requirement for Director’s approval to work hours in excess of 48 per week up to 60 per week
Overtime averaging agreements
Whistleblower protection
An internal responsibility system for minimum standards, similar to OHSA for health and safety in the workplace

40. Questions & Answers

41. John W. Saunders I Mark Stone
Fair Workplaces,
Better Jobs Act, 2017
John W. Saunders I Mark Stone
September 2017