Employees are no longer entitled to equal pay for equal work based on employment status (e.g. Strengthen equal pay for equal work legislation. The government amended Bill 148 to include a section for up to 15 weeks unpaid. Sheltered workshop workers were paid a stipend, sometimes only a few dollars an hour. Victory for Ontario workers as Bill 148 passes Bill 47, Making Ontario Open for Business Act, 2018 ... Needed amendments to Bill 148's proposed changes to the Employment Standards Act are: Extend Employment Standards Act coverage to dependent contractors. [ 116] Employers and employees cannot contract out of, or waive, minimum standards under the ESA. An open letter to Premier Wynne, Minister Naidoo-Harris, and Minister Flynn. To help employers navigate the many changes under Bill 148, we have outlined the key changes that employers need to be aware of. The equal-pay provisions in Bill 148 could cost Algonquin between $20 million and $29 million a year, according to budget documents. EMPLOYMENT STANDARDS ACT, 2000. Ontario employers face a number of new challenges in 2018 as a result of the Fair Workplaces, Better Jobs Act, 2017 ("Bill 148"). Equal Pay for Equal Work: Certain aspects of the Equal Pay for Equal Work provision imposed by Bill 148 will be repealed, thereby permitting employers to differentiate pay on the basis of employment status (part-time, casual, and temporary) and assignment employee status (temporary help agency status). (v.2) discloses the employee's rate of pay to another employee for the purpose of determining or assisting another person in determining whether an employer is complying with Part XII (Equal Pay for Equal Work), 42 Section 74.1 of the Act is repealed. Worker death raises red flag. Bill 148 Update: Equal Pay for Equal Work . This prohibition will come into force on April 1, 2018. . The Making Ontario Open for Business Act, 2018 makes changes to equal pay, personal emergency leave, and other areas of workplace standards as of January 1, 2019. Equal pay for equal work. These core standards are described in section 5.3. The bill updates workplace laws across Ontario. Equal pay for equal work - Bill 148 legislates that casual, part-time, temporary and seasonal workers get paid the same as full-time employees when they are "substantially" performing the same job for the same employer. Q&A s General Pay Equity 1. That represents between 5.3 and 7.7 per cent of the college's . The target is the temporary help agency . Gowling WLG's study finds that the proposed changes deliver a host of new entitlements, most notably "equal pay" rights and enhanced personal leaves of absence to employees in Ontario. Unchanged in the ESA by the new Act are: Bill 148 as drafted extends . The equal pay for equal work provisions instituted by Bill 148 have been repealed. On April 1, 2018 Equal Pay for Equal Work, the new section 42 of the Employment Standards Act (ESA) came into force. And Ontario employees now receive greatly improved leaves that are currently protected under the Employment Standards Act, 2000. Collective agreement may prevail over "equal pay for equal work" provisions. Equal Pay for Work of Equal Value means that male and female employees performing essentially the same job, even if it has a different job title, or performing jobs with an equivalent level of responsibility, skill, effort, and working conditions, even if the jobs are otherwise . Ford's plan eliminates paid sick days, cuts wages, makes it easier to fire workers in precarious work, makes it more difficult to join and keep a union, cancels fairer scheduling laws and lowers fines for employers . While there is a lot of work to be done, there are 5 basic actions that the government can take immediately to close the gender pay gap: Implement the Pay Transparency Act, 2018 and the new supporting regulation no . The changes include, not exhaustively: Equal pay for casual, part-time, temporary and seasonal employees. Up until the passage of Bill 148, sheltered workshops were exempted from the Employment Standards Act. Proposed changes to the Labour Relations Act (LRA) Bill 47, if implemented, would amend the LRA as follows: We will continue to monitor the status of Bill 47 and will report on further developments. Bill 148, the Fair Workplaces, Better Jobs Act, 2017, which significantly amends Ontario labour and employment law, has received Royal Assent and is now law. Historically, this ESA right dealt solely with discrimination based on gender (currently s. 42 of the ESA). 3. Agenda •Changes to Ontario workplaces . They did not have to pay the minimum wage, overtime, or provide hours of work protection. Bill 148 would implement several changes related to the use of assignment employees by temporary help agencies and their clients. You can read more about the big changes Bill 148 has made to the Ontario employment landscape in our previous posts on this topic. same employees to perform the same work at the same worksite. Ontario employers face a number of new challenges in 2018 as a result of the Fair Workplaces, Better Jobs Act, 2017 ("Bill 148"). Ontario Bill 47 and Bill 148 Comparison Chart The following chart outlines the changes to the Employment Standards Act, 2000 (ESA) and the Labour Relations Act, 1995 that resulted from the passing of Ontario Bill 47, the Making Ontario Open for Business Act, 2018, in terms of its effect on the changes to the ESA and LRA previously made by Bill 148, the Fair Workplaces, Better Jobs Act, 2017. The government is proposing to repeal amendments made by the Fair Workplaces, Better Jobs Act, 2017 (Bill 148) that are causing employers the most concern and unnecessary burden. There are three different, partly overlapping legal regimes in Ontario aimed at achieving "pay equity" between men and women at work: The Ontario Human Rights Code protects against workplace gender discrimination;. (TORONTO, ON) - The Ontario Federation of Labour welcomes the proposal for amendments to Bill 148 announced today by the Ontario New Democratic Party. 43 Subsection 74.4.1 (1) of the Act is repealed and the following substituted: First, the ESA would be amended to include "equal pay for equal work" principles, requiring assignment employees to be paid equally to employees of the agency's client where: The Pay Equity Act aims to achieve "equal pay for work of equal value." 2) Proposed Changes to Employment Standards, including… - Equal Pay for Equal Work Provisions - Scheduling Rules changes - Overtime Pay changes Among the many changes to the Employment Standards Act, 2000 (the "ESA") brought about by the Fair Workplaces, Better Jobs Act, 2017 (known as "Bill 148") is the prohibition on paying certain employees less than others based on their employment status (commonly referred to as "equal pay for equal work"). The "Equal Pay for Equal Work" provisions of Bill 148 took effect on April 1, 2018, and required employers across the province to equalize wages regardless of "employment status". permanent, part-time, seasonal, temporary). Toronto (Canada) - Fasken announced today that partners Claire Vachon and Ian Campbell are available to discuss the provisions of the Fair Workplaces, Better Jobs Act 2017 (also known as "Bill 148"), which are scheduled to take effect as of April 1, 2018. Ontario Nurses' Association/July 18, 2017 Page 2 . The Toronto Star summarizes the changes in store should the bill pass. March 27, 2018 | Work Environment and Policies. Bill 148, passed in November 2017, was the result of years of campaigning and advocacy for legislative provisions that would better protect low-wage and precariously employed workers. Equal Pay for Equal Work • Employees to have right to request wage reviews Ontario's Bill 148, or the Fair Workplaces, Better Jobs Act, was introduced on June 1, 2017. Bill 148 essentially made it unlawful to pay part-time, casual, or temporary staff members less than full-time employees performing essentially the same work . This means every employee must be paid equal to those who perform the same work, regardless of status differentiation (casual, full-time, part-time, temporary or seasonal). Equal Pay for Equal Work: Casual, part-time, temporary and seasonal workers will be paid the same as full-time workers when they are doing "substantially the same" job for the same employer . The Equal Pay for Equal Work provisions contained in Bill 148, which will take effect as of April 1, 2018, are intended to prevent employers from paying employees doing the same work at different rates based on the employee's employment status (i.e. The equal pay for equal work provisions based on employment status (i.e. . Similar equal pay provisions for temporary help agency employees were also eliminated. The Standing Committee on Finance and Economic Affairs is looking for public input about new Bill 148, "Fair Workplaces, Better Jobs Act, 2017" The Topics include: 1) Minimum Wage Changes. Ontario Pay Coalition As Bill 148 goes into its second reading, the Ontario Equal Pay Coalition calls on Madame Premier, and Ministers Flynn and Naidoo-Harris to close the loopholes in Bill 148 during second reading to ensure that the equal pay provisions deliver meaningful . Equal Pay for Equal Work means that male and female employees performing the same job must receive the same pay. The Employment Standards Act (ESA) currently prohibits employers from paying employees different rates of pay based on sex if they perform equal work. Uncategorized. This Final Report included 173 recommendations for amendments to This applied to employers and temporary help agencies in Ontario. The Act expands the requirements of equal-pay-for-equal-work beyond the identity of gender. To help employers navigate the many changes under Bill 148, we have outlined the key changes that employers need to be aware of. The Act sets out minimum rights and responsibilities that apply to employees and employers in most Ontario workplaces in such areas as: temporary help agencies. First, the ESA would be amended to include "equal pay for equal work" principles, requiring assignment employees to be paid equally to employees of the agency's client where: On November 21 st, 2018, the Ontario Provincial Government passed Bill 47, Making Ontario Open for Business Act, 2018, repealing certain sections of the previous government's Fair Workplaces, Better Jobs Act (known as Bill 148). Bill 47, the Making Ontario Open for Business Act, 2018, passed its third reading on November 21, 2018, and will now become law in Ontario. Bill 148's Equal Pay for Equal Work Provisions come into effect on April 1, 2018; here's a summary on what it is . New Legislation The main changes from the proposal are set out below: A Bill 148 Cornerstone: The Minimum Wage Increase Minimum wage sat at $11.40 in Ontario. Today's announcement by the government of Ontario repealing the majority of Bill 148 steals basic rights from Ontario workers. The time to act is now. A summary of Bill 47 which is set to repeal Bill 148's sweeping labour law reforms in Ontario. Bill 148 would implement several changes related to the use of assignment employees by temporary help agencies and their clients. equal pay for equal work on the basis of employment status and assignment employee status one week's notice or pay in lieu of notice for employees of temporary help agencies if longer-term assignments end early fairer scheduling rules a minimum of three weeks' vacation after five years with the same employer The Employment Standards Act protection for Equal Pay for Equal Work is currently found in Part XII of the Act. Equal Pay for Equal Work Now in Force. Read the letter and the proposed amendments to section 42 in full. As Bill 148 goes into its second reading, the Ontario Equal Pay Coalition calls on Madame Premier, and Ministers Flynn and Naidoo-Harris to close the loopholes in Bill 148 during second reading to ensure that the equal pay provisions deliver meaningful protection for workers. Employers cannot pay different "rates of pay" based on "employment status" (i.e., part-time, full-time, fixed-term, seasonal or casual) where: Let's keep going! Today's announcement by the government of Ontario repealing the majority of Bill 148 steals basic rights from Ontario workers. Bill 148 changes: Although Bill 148 was passed almost exactly a year ago on November 22, 2017, it included provisions that had a delayed implementation date of January 1, 2019, including provisions relating to scheduling (e.g. These new requirements will require Ontario employers to pay casual, part-time, temporary and seasonal employees, who are doing . Ontario amends Bill 148, boosts equal-pay protections for temp agency workers (The Star) Founded in 1989, Staffing Industry Analysts is the global advisor on staffing and workforce solutions. Employers also would face reduced fines for labor law violations. (Note: This had already been amended by regulation in July 2018) Equal Pay for Equal Work: Employers must pay men and women performing similar work equally. This was a Bill 148 amendment. Vous utilisez un navigateur désuet qui n'est plus accepté par Ontario.ca. Exceptions to this are: We still need the days to be paid but this is a very important move in the right direction. On April 1, 2018 Equal Pay for Equal Work, the new section 42 of the Employment Standards Act (ESA) came into force. More than ten faculty associations presented at the recent hearings on Bill 148, Fair Workplaces, Better Jobs Act about how the bill can deliver fairness for contract faculty, including equal pay for equal work, fair scheduling, and more secure and . 2. Bill 148: Equal Pay For Equal Work As part of Bill 148 , Fair Workplaces, Better Jobs Act, 2017, Ontario set new rules that mandate Equal Pay For Equal Work, becoming the first province in Canada to do so. the 96-hour rule, on-call pay, etc.). should not be forced to wait years beforethey have access to the minimum standard of equal pay for equal work. This legislation makes a number of changes to both the Employment Standards Act, 2000, the Labour Relations Act, 1995, and the Occupational Health and Safety Act, including raising the minimum wage and providing employees with: equal pay for equal work on the basis of employment status and assignment employee status Bill 47 repeals several provisions introduced by the previous liberal government under Bill 148, the Fair Workplaces, Better Jobs Act, 2017.. Bill 47 contains a number employer-friendly changes that will come into effect on January 1, 2019, including . The Employment Standards Act (ESA) sets out the number of working hours an employer can legally require an employee to work, as follows: 8 hours in a day; 48 hours in a work week; Addressing Changes in Hours. Due to the passage of Bill 47, those provisions will never come into force. Earlier in 2017, the Ontario government issued its response to a Final Report two Special Advisors drafted as part of their Changing Workplaces Review. Ontario's Working Hours. It is part eight in a series of high level information related to Bill 148 and how it affects Ontario Employers governed by the ESA. Bill 148 introduces two new sections to guarantee equal pay for equal work Equal Pay for Equal Work - Employment Status 23 Personal Emergency Leave and Paid Leave 27 Temporary Help Agencies 29 Enforcement 34 Commencement 40 Review of Bill 148 changes to the Labour Relations Act 41 Workers' Action Centre Equal Pay for Equal Work Bill 148 mandated equal pay for equal work for all employment statuses. Ontario Legislation: Bill 132 and Bill 148 Summary . En savoir plus sur les navigateurs que nous supportons. part-time, casual, and temporary) and based on temporary help agency employment status will be repealed. "If enacted, these amendments would strengthen the Fair Workplaces, Better Jobs Act and deliver greater fairness to workplaces across the province," said Ontario Federation of Labour President Chris Buckley. The Act came into force on January 1 st, 2019. Bill 148: Fair Workplaces, Better Jobs Act just passed third reading, making Ontario the 4th province/ state across North America to adopt $15 minimum wage legislation. What are we asking for this Equal Pay Day? The equal pay for equal work requirement on the basis of sex also remains intact (this requirement pre-dated Bill 148). Equal Pay for Employees Regardless of Status Eliminated One of the most significant changes Bill 148 implemented was a requirement that all workers performing the same work be paid the same wage rate regardless of employment status. Equal pay for equal work falls under Ontario's Employment Standards Act, 2000 . A few setbacks that we can still win: Equal pay for equal work language was weakened to include more loopholes for employers. The penalties for contravention of the ESA will all be returned to pre-Bill 148 levels. Any such agreements are null and void. Increase in vacation entitlement for certain employees. Webinar: Navigating the Changing Employment Law Landscape - Bill 148 & Equal Pay for Equal Work Back of House , Front of House , Labour , Webinars / Education On April 1, 2018, the expanded equal pay for equal work protections introduced by Bill 148 will come into effect, which will prohibit employers from paying employees differently solely . Make Bill 148 meaningful in second reading. It will put into place long-term, sustainable changes that will ensure that women's work is valued and compensated fairly . These changes include loopholes to parts of the Bill that deal with equal pay for equal work - ensuring pay equity between full-time and part-time workers - and fair . You can read more about the big changes Bill 148 has made to the Ontario employment landscape in our previous posts on this topic. Defend Bill 148. (commonly referred to as "equal pay for equal work"). But the big business lobby Ontario wants to tear up Bill 148 and all of its health benefits. Bill 148: Fair Workplaces Better Jobs Act (8) Equal Pay for Equal Work This Fast Facts reviews the major changes to the Employment Standards Act, 2000 and equal pay for equal work. Are You Prepared for Ontario's Equal Pay for Equal Work effective April 1, 2018. Job protected personal emergency leave, including paid . The government is currently considering changes to employment and labour law that could bring more fairness to workplaces across the province. However, Bill 148 also implemented many other, lesser discussed, changes to employment legislation & Ontario Employment Laws. What is Ontario Bill 47 and Bill 148? July 7, 2021 Gatineau, Quebec Employment and Social Development Canada The implementation of the Pay Equity Act is an important part of the Government of Canada's commitment to close the gender wage gap and ensure that workers receive equal pay for work of equal value. "Equal pay for equal (same) work" which means that if a man and a woman are doing substantially the same work, for example, a sales job in a department store, they must receive the same pay. Equal pay for equal work will be removed on the basis of employment status and assignment employee status. "The $15 minimum wage will put money where it is deserved and most needed, into workers' pockets," said Navi Aujla, who is an organizer in Brampton with the Fight for $15 & Fairness campaign and a former temp agency worker. New "Equal Pay for Equal Work" Provisions in Ontario Limit Ability to Vary Employees' Pay Based on Employment Status Written by Carl Cunningham, Sara Parchello, Talia K. Bregman and Tyler W. Henderson On November 28, 2017, Ontario's Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. This includes progress towards implementing a $15 general minimum wage; mandating equal pay for equal work for temp agency and part-time workers; introducing improved scheduling practices; expanding just cause protection for unionized . Bill 148: A Changing Landscape for Ontario Employers Alix Herber, Partner Christian Paquette, Partner Christopher Pigott, Partner July 12, 2017. The proposed Making Ontario Open for Business Act would remove the worst burdens that prevent Ontario businesses from creating jobs while expanding opportunities for workers.. whether employed on seasonal, part-time or full-time basis or as an agency employee). Effective April 1, 2018, there will be new provisions added to the ESA that will extend this equal pay requirement to employees whose employment status is different but who nevertheless perform substantially the same kind of work. Employers will be exempt from the new equal pay for equal work rules for part-time, temporary, casual and seasonal employees, if the wage difference is based on: a seniority or merit system, systems that The scheduled minimum wage increase effective January 1, 2019 is cancelled. The bill also would repeal Bill 148's equal pay provision, through which companies were required to pay nonemployee workers the same as their employee counterparts for equal work. Through the provisions outlined in Bill 148, Ontario workers will make significant gains in the world of work. Ford's plan eliminates paid sick days, cuts wages, makes it easier to fire workers in precarious work, makes it more difficult to join and keep a union, cancels fairer scheduling laws and lowers fines for employers . They want to freeze the minimum wage and reverse equal pay provisions, which would maintain poverty wages and income inequality, undermining a key social determinant of health. 22 Subclauses 74.12 (1) (a) (v.1), (v.2) and (v.3) of the Act are amended by striking out "is complying with Part XII (Equal Pay for Equal Work)" wherever it appears and substituting in each case "complied with section 42.2, as it read immediately before the day section 10 of Schedule 1 to the Making Ontario Open for Business Act, 2018 . The reforms in Bill 148 included a phase in of a $15 minimum wage by 2019, two paid personal emergency leave days, and equal pay for equal work. This legislation makes a number of changes to both the Employment Standards Act, 2000, the Labour Relations Act, 1995, and the Occupational Health and Safety Act, including raising the minimum wage and providing employees with: equal pay for equal work on the basis of employment status and assignment employee status Chief among the sweeping legislative changes to the Ontario Employment Standards Act, 2000 ("ESA") introduced by the Fair Workplaces, Better Jobs Act, 2017 ("Bill 148") was to the Act's "Equal Pay for Equal Work" provision. The $14.00/hr minimum wage will be maintained and will be re-indexed beginning in October 2020. On April 1, 2018, the Ontario Employment Standards Act, 2000("ESA") was amended by Bill 148 to include an obligation for "equal pay for equal work" irrespective of an individual's "employment status" (there had already been an obligation for equal pay on the basis of sex). Reversion to the pre-Bill 148 formula. This was a Bill 148 amendment. 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