Posted on September 30th, 2020 by Erin Dubecki in Human Resources Advisory

Recent ESA Changes – What You Should Know

Note Book with Employment Standards Act written in it. Sitting on a white table with the word Change written in black

Please take note of the information below on two recent Employment Standards Act (ESA) changes.

EMPLOYMENT STANDARDS POSTER

On September 8, 2020, The Ministry of Labour, Training and Skills Development published a new Employment Standards Poster: Version 9.0. The poster describes important rights and requirements under the ESA and must be provided to employees who are covered under the ESA within thirty (30) days of their hire date.

A free link to the poster can be found HERE. Please note that posters sold by private companies do not comply with the legal requirements.

Employers must provide the poster to employees, and can do so via:

  • Hardcopy (printed version)
  • Electronically (email attachment, HRMS system)
  • Link (internal database, hyperlink)

In all the scenarios above, it is recommended that you obtain proof (e.g. employee sign off) that the employee has received and read the poster. This is important in the event of an ESA audit.

BEST PRACTICE

  • Update your onboarding program to include the new poster for any staff hired on or after September 8th.
  • Use the posters found in different languages to support staff who do not speak English as their first language.
  • Audit your employee files to ensure that you have proof of all current staff having received a previous version poster.
  • Make employees aware of the new poster – as of 2019 you are no longer required to post this document, however, it shows good diligence to share with current staff (e.g. post on your Health and Safety board, intranet, etc.).

 HOW WE CAN HELP

  • Our HR Advisory team can conduct an HR Compliance Audit to obtain a review of your organization’s current state by examining current HR policies and practices to help identify, among other things, whether you are compliant with ESA poster requirements.
  • We can conduct a Best Practices Audit to examine if your orientation and onboarding program meet practical guidelines.
  • Please reach out to djbhr@djb.com if you have any questions or concerns with the above information.

CHANGES TO THE MINIMUM WAGE

Ontario’s minimum wage will increase effective October 1, 2020. Specifically the increases are as follows:

General Minimum Wage

Increase from $14.00 to $14.25 per hour.

Student Minimum Wage

Increase from $13.15 to $13.40 per hour.
Note: This rate applies to students under the age of 18 who work 28 hours a week or less when school is in session, or work during a school break or summer holidays.

Liquor Server Minimum Wage

Increase from $12.20 to $12.45 per hour.
Note: This hourly rate applies to employees who, as a regular part of their employment, serve liquor directly to customers, guests, members or patrons in licensed premises and who regularly receive tips or other gratuities as a part of their work.

 

Hunting and Fishing Guides Minimum Wage

Increase from $70.00 to $71.30 for individuals working less than five (5) consecutive hours in a day.

Increase from $140.00 to $142.60 for individuals working five (5) or more hours in a day (whether or not the hours are consecutive).

Homeworker Minimum Wage

Increase from $15.40 to $15.70 per hour.
Note: Homeworkers are employees who do paid work in their own homes. For example, they may sew clothes for a clothing manufacturer, answer telephone calls for a call centre, or write software for a high-tech company. Students of any age (including students under the age of 18 years) who are employed as homeworkers must be paid the homeworker’s minimum wage.

 

Wilderness Guides Minimum Wage

Increase from $70.00 to $71.30 for individuals working less than five (5) consecutive hours in a day.

Increase from $140.00 to $142.60 for individuals working five (5) or more hours in a day (whether or not the hours are consecutive).

If a change to the minimum wage rate comes into effect partway through an employee’s pay period, the pay period will be treated as if it were two separate pay periods and the employee will be entitled to at least the minimum wage that applies in each of those periods. In short, the employee must earn the new minimum wage for any hours worked on or after October 1, 2020.

Under the current provincial guidelines, on October 1st of every year starting in 2020, the minimum wage rates may increase annually. The new rates will come into effect on October 1 will be published on or before April 1 of every year, beginning in 2020.

BEST PRACTICE

  • Determine if you have staff at the minimum wage rate and ensure that your payroll is updated to meet this change.
  • Consider whether changes are needed to maintain relative wage rates of other non-minimum wage employees.

 HOW WE CAN HELP

  • Allow our HR Advisory team to work with you to review your total compensation package, conduct a market analysis, and provide you with recommendations specific to your organization.
  • Please reach out to djbhr@djb.com if you have any questions or concerns with the above information.

DEFINITIONS:

Licenced premises- businesses for which a licence or permit has been issued under the Liquor Licence Act.


About the Author

Erin DubeckiHuman Resources Consultant |

As the Human Resources Coordinator at DJB, Erin provides administrative and project support to the Human Resources team both in the Human Resources Advisory Services function, as well as involvement with internal human resource matters.
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