1. Employment Standards Act

2. Employers not covered by the ESA include all federally regulated sectors, co- op students, Ontario Works employees, police officers, embassy/consulate employees, inmates, political, judicial, religious, trade unions and persons participating in work simulation rehab programs Employment records must be kept for at least 3 years, there are strict penalties

3. Employers must establish a regular pay period (s. 11) and pay by cash, cheque or direct deposit When employment ends all wages, pay and benefits owing must be paid within 7 days or on the next regular pay date at the latest The only time an employer can withhold wages is for tax purposes, under a court order for garnishment or with specific instruction in writing from the employee

4. Deductions could be made for cash shortages and losses if it is clear the employee was the only one with total control and access to same Employers can recover wage advances or unintentional overpayments Employers must provide a wage statement (paystub) in writing for each pay period which details dates, and deductions, gross and net pay

5. Minimum wage sets the lowest standard hourly rate which can be paid and is applicable to all employment, whether temporary, part-time or casual The current minimum wage is $11.00 per hour and is now set to increase annually in accordance with inflation rates Some occupations have a lower minimum wage under the Act including full time students under the age of 18, food and beverage servers, hunting and fishing guides, homeworkers

6. Generally the maximum hours of work are 8 per day and 48 per week The employer and employee can agree to vary this agreement if they do so in writing, the employee received an information pamphlet with their rights – approval must first be obtained from the Ministry of Labour – this is mandatory to work more than 8/48 hours Approvals are given for a maximum of three years only, some are only on year

7. A 30 minute eating period is mandatory after working for 5 consecutive hours, there can be an agreement that this will be two separate 15 minute breaks instead Meal breaks are unpaid and the employee must be free from work during this period – they do not count in calculating overtime Coffee breaks are not covered under the Act but if they are provided the employee must stay on the premises

8. In an emergency an employer can require an employee to work in excess of the maximum hours – these circumstances include natural disasters, extreme weather, fires, floods, delivery of essential public services (fire, police, hospital, public transit), urgent repair work Overtime pay is calculate at 1.5 times the employees regular pay (time and a half) It is applicable for every hour after 44 which is worked

9. Overtime is generally calculated on a weekly basis An employer cannot lower an employees regular wage in order to avoid paying overtime Managers and supervisors do not qualify for overtime – to qualify as a manager the job duties should include hiring, firing, disciplining, policy and budget authority, it does not just mean salary employees they must have managerial duties and powers

10. Even if someone’s job title classifies them as a manager, if they regularly perform non- managerial duties they will qualify for overtime If a person works in more than one position they will qualify for overtime if at least 50% of the hours worked fall into the category that allows for overtime An employer and employee can enter an agreement to average out overtime pay over a specific time period – this type of agreement requires approval from the Ministry of Labour

11. An employee can agree to accept paid time off in lieu of overtime pay, it must be at the rate of 1.5 hours received per overtime hour worked The time off must be taken within 3 months of the overtime worked, unless there is an agreement in writing extending this period up to 12 months Vacation time is a minimum of two weeks per year AFTER having worked for an employer for 12 months

12. It have can be taken in one week or two week intervals, for periods of less than a week the parties must agree in writing The employee has the right to decide when the vacation is taken The vacation has to be taken with 10 months after it is earned (the 12 month period) Time off for illness or leave or layoff counts toward the 12 month period

13. An employee cannot agree to forgo vacation pay Vacation pay is calculated a minimum of 4% of regular wages earner by the employee in a 12 month period – this usually equals 2 weeks pay The 4% is calculated using overtime pay, holiday pay, commissions and severance To qualify for holiday pay the employee must work their regularly scheduled shifts on the days before and after the holiday Vacation pay is to be paid out in a lump sum at the commencement of the vacation time

14. Some industries may require employees to work on public holidays – hotels, restaurants, hospitals, etc In these situations the employee will be given an alternate day off or receive premium pay (1.5 times the regular pay) There are 10 types of leave in the ESA – pregnancy, parental, personal emergency, family medical, declared emergency, reservist, organ donor, family caregiver, critically ill childcare and crime related child death or disappearance

15. Employers do not have to pay wages during leave Pregnancy leave includes the right to take up to 17 weeks of unpaid time off work To qualify the pregnant worker must have been hired at least 13 weeks prior to the due date The employee gets to choose when pregnancy leave will start – the earliest date is 17 weeks before the due date and the latest start day is the birth of the baby

16. The employer is entitled to request a medical certificate with the due date, date of birth/stillbirth or miscarriage The leave must be taken all at once For stillbirths and miscarriages leave may be longer than 17 weeks because there is an allowance of 6 weeks leave after such an event The employee should provide 4 weeks written notice of the return to work date or of resignation

17. Parental leave is available for up to 37 weeks to any new parent who was hired at least 13 weeks prior to the start of the leave This includes birth parents, adoptive parents, a person in a permanent relationship with a parent who will treat the child as their own Leave must start within 52 weeks after the child is born or comes into their care/custody

18. EMPLOYEE RIGHTS WITH LEAVE Reinstatement to the same position or one that is comparable if it no longer truly exists The salary must be at least equal to pre- leave and duties the same or similar If a job is terminated due to downsizing the onus is on the employer to show it was not related to the leave

19. Employees and job applicants do not have to take lie detector tests pursuant to the Act When an employer is insolvent employee wages take precedent over any unsecured creditors up to $10,000 There is federal legislation to assist employees when an employer goes bankrupt up to $3200 Claims have to be filed with Service Canada within 56 days of the bankruptcy

20. Complaints about employment standards are filed with the Ministry of Labour, who will investigate The maximum amount that an employer could be ordered to pay is $10,000 If a complaint is filed then you cannot also make a claim for damages in court – you pick one or the other Most limitation periods are 2 years, unpaid wages have a limitation period of 6 months

21. Investigations and decisions are made by employment standards officers Decisions of the officer can be appealed by either party within 30 days Orders can be made to pay wages, to comply with the Act, to reinstate an employee and fines can be issued Appeals are made to the Labour Relations Board