Bill 148 – Is Your Business Compliant?

 

On November 22, 2017, the Ontario government passed Bill 148 – Fair Workplaces, Better Jobs Act, 2017. This legislation will significantly change the workplace laws in Ontario. Some of the changes are immediate, and some are phased in over time.

As Bill 148 could significantly impact a large number of our small business clients we’ve put together a short chart to help explain some of the more serious changes that are now going to be law. Should you be unsure of how any of these might impact your business, or if you have further questions or concerns, we encourage you to contact our office to ensure that your organization is ready to comply with all of Bill 148’s changes.

Area of Change

Previously

Bill-148

Minimum Wage

$11.40/hour

$14/hour (Jan. 1, 2018)

$15/hour (Jan. 1, 2019)

Independent Contractor (IC) Status

It will now be a violation to misclassify an Employee as an IC

Part-Time, Casual, Temp, or Seasonal Employees           

Must have the same pay rate as comparable full-time positions. There are some exceptions.

Personal Emergency Leave                       

10 days if company had over 50 employees

10 days (2 paid) for all employers,

no note(s) required

Family Medical Leave

8 weeks

27 weeks

Parental Leave              

up to 37 weeks

up to 63 weeks

Pregnancy Leave for miscarriage or stillbirth             

6 weeks

12 weeks

Public Holiday Pay                   

Formula-based – no “time off in lieu” allowed

3-Hour Rule                 

3 hours at min. wage if employees regular shift was reduced to under 3 hours

minimum 3 hours regular pay for shifts < 3 hours or shift cancellation

Scheduling               

right to request changes in work hours or location(s)

Record Keeping Requirements           

Businesses must now keep scheduling, leaves, on-call shifts, vacation time, pay records

Domestic Violence Leave  up to 10 days, up to 15 weeks
Crime-Related Child Disappearance Leave 52 weeks 104 weeks
Child Death Leave 104 weeks