AMO 2018 Annual Human Resources Update Presented by Hicks Morley LLP August 21, 2018 Human Resources Law Update Human Resources Law Update Craig Rix I Partner, Toronto Leanne Fisher I Partner, Ottawa Anne Lemay I Associate, Ottawa Human Resources Law Update Agenda • Introduction • Bill 148 – Bad News/Good News • Cannabis – A Burning Issue • WSIB Update – Chronic Mental Stress • Case Law Update • Bargaining Update • #MeToo • Odds and Ends Human Resources Law Update 3 Bill 148 Update Human Resources Law Update New Government – New Opportunities Commitment to amend ESA re minimum wage • Human Resources Law Update 5 Equal Pay for Equal Work – April 1 2018 Cannot pay an employee at a rate less than the rate paid 1. to another employee because of employment status How is employment status defined? 2. a) b) a)Difference in the term a)Difference in the of employment including number of hours permanent, temp, regularly worked seasonal or casual Human Resources Law Update 6 Equal Pay for Equal Work What do Applicants have to prove? 3. a) b) c) a)they perform a)their performance a)their work is performed substantially the same requires substantially the under similar working kind of work in the same same skill, effort and conditions. establishment; responsibility; and (“substantially the same” ≠ “necessarily identical”) Human Resources Law Update 7 Worksheet Part Time Employee Full Time Employee Step 1: Difference in Employment Status? Step 2: (a) perform substantially the same kind of work? (b) substantially the same skill, effort and responsibility? (c) similar working conditions? Step 3: Exceptions (a) Seniority (b) Merits (c) System that measures earnings (d) Any other factor other than sex and employment status Human Resources Law Update 8 Vacation Entitlement – January 1 2018 Vacation entitlement to increase after period of employment • of 5 years: 3 Weeks’ Vacation Time 6% Vacation Pay Human Resources Law Update 9 Public Holiday Pay – January 1 2018 to July 1 2018 Based on regular wages No longer prorated from previous pay period Holiday Pay = Regular wages from previous pay period Holiday Pay = Days worked in that period Human Resources Law Update 10