Bill 148 and Changes to the Employment Standards Act, 2000

On November 22, 2017, the Ontario Government passed Bill 148, the Fair Workplaces, Better Jobs Act, 2017, S.O. 2017 C.22. The Bill received Royal Assent on November 27, 2017.

This post focuses primarily on the Employment Standards Act, 2000 and the implications to Ontario employment law, rather than labour law.

UPDATE: Nearly one year later to the day, November 21, 2018, the Ontario Government, now under a Conservative government, passed Bill 47, the Making Ontario Open for Business Act, 2018, S.O. 2018, C.14. A major effect of Bill 47 was to undo much, but not all of what had been introduced by Bill 148. For a summary of the changes made by Bill 47, see my post Bill 47 - The Making Ontario Open for Business Act, 2018.

Unpaid Interns Become "Workers" Under OHSA

On November 20, 2014, unpaid interns in Ontario gained a modicum of protection under some of Ontario’s employment laws. No, the government did not make any changes to minimum wage provisions relevant to unpaid labour (although the government did change the minimum wage law to make the same reflective of the Consumer Price Index, effective October 1, 2015), the government amended the Occupational Health and Safety Act to make that law applicable to unpaid labourers.

Opportunities Look A Lot Like Hard Work

On September 18, 2013, Andrew Coyne wrote a provocative opinion piece for the National Post on the issue of unpaid internships: "If unpaid internships are exploitation, why don’t the kids just stay home?" In his essay Mr. Coyne advances the thesis that unpaid internships "are the job equivalent of a small-cap growth stock — no dividends, but the promise of heady capital gains in future." Essentially, the argument advanced by Mr. Coyne is that the reason some people elect to take up an unpaid internship is for the opportunities that are opened by so doing and they should be free to do so without interference.

But, Mr. Coyne's position got me thinking: are these internships really an opportunity for career advancement or are they, as others, such as Toronto labour lawyer Andrew Langille, argue, exploitation? Incredibly, I found myself thinking about something actor Ashton Kutcher said at 2013 Teen Choice Awards.

Co-op Student Owed Wages Despite Agreement

A short decision from the Ontario Labour Relations Board, Sandhu v Brar, 2013 CanLII 43024 (ON LRB) confirmed that even if an employer and employee agree that an unpaid intern will not be paid for his labour, if the work performed looks more like labour than training wages can still be owed to the employee.

What Does it Mean to be a Volunteer under Ontario Employment Law?

What is a "volunteer" under Ontario employment law? The question is more complicated than it might first appear. Most people know what a volunteer is: it is someone who freely gives of their time, usually towards some altruistic purpose. But what is the difference between a "volunteer" and a wrongfully unpaid worker?