2-4 Employment Standards Legislation

Question 1

What is employment standards legislation, and what does it specify?

Answer 1

Employment standards legislation specifies the minimum obligations of employers, including hours of work, minimum wages, overtime pay, vacation pay, and public holidays.

Question 2

Under which legislation are the minimum obligations of federally regulated companies covered?

Answer 2

The Canada Labour Code.

Question 3

Who is covered by employment standards legislation?

Answer 3

It applies to all employers, including unionized organizations and those using contractors or gig economy workers, though interpretations may vary by jurisdiction.

Question 4

What risk do employers face in Ontario regarding contractor relationships?

Answer 4

Employers risk class-action lawsuits if contractors are misclassified as non-employees under employment standards legislation.

Question 5

How are employment standards laws administered and enforced?

Answer 5

Agencies or commissions interpret and enforce the laws. For example, they can investigate if employees report incorrect vacation pay or other violations.

Question 6

What should employers be cautious about regarding overtime pay for salaried employees?

Answer 6

Employers must ensure salaried employees titled “manager” are actually doing managerial work. Non-managerial work could entitle them to overtime pay.

Question 7

What happens if a collective agreement does not meet employment standards requirements?

Answer 7

In provinces like British Columbia, legislation requires collective agreements to meet or exceed employment standards.

Question 8

Why is it essential for all employers to understand employment standards legislation?

Answer 8

Because it applies to all organizations, large or small, and non-compliance can lead to investigations or penalties.