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Lecture 4

LAW 529 Lecture Notes - Lecture 4: The Employer, Forego


Department
Law and Business
Course Code
LAW 529
Professor
Pnina Alon- Shenker
Lecture
4

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Chapter 21-22 Regulating Wages and Hours of Work
The primary statutory instrument regarding employment in Ontario is the Employment
Standards Act, 2000 (ESA) and its regulations.
They are minimum requirements only.
o The employer is contractually bound to any greater right or benefit that the ESA
provides to the employee;
o The enforcement of rights is complaint-based.
Scope of Wage Regulation
The ESA excludes certain categories of workers from minimum wage and entitlement to
overtime pay.
Certain categories of workers have a different minimum wage.
Ref. [O. Reg. 285/01, S. 5]
Wage Discrimination
Equal Pay for Equal Work Laws
o Require equal pay for “substantially similar work.”
o Ref. Box 21.4
Equal Pay for Work of Equal Value Laws (Pay Equity)
o Address wage discrimination in female-dominated jobs. (Ref. applicable steps on
pp. 281-82)
Regulating Working Time
Ontario Employment Standards Act 2000
o The maximum hours that an employer can require an employee to work is eight
hours in a day (or the employer-established regular workday, if longer), and 48
hours in a week; [Ss. 17-21]
o Overtime must be paid at 1.5 times the employee’s regular hourly rate of pay for
each hour worked in excess of 44 hours in a week; [S. 22. (1)]
o Regulations to the ESA outline a number of employment activities exempt from
the overtime provisions (e.g., firefighters, IT professionals, managers, etc.).
Permission to Work Overtime
o To avoid liability for overtime pay, employers must ensure that overtime-eligible
employees do not work overtime;
o The regulations to the ESA provide that overtime work shall have been performed
where the employer has permitted it to be done. [O. Reg. 285/01, S. 6]
o By an agreement to vary, an employee may receive time off in lieu of overtime
pay (it must equate to at least 1.5 hours of paid time off for each hour of
overtime);
o Employees who perform work that is in part exempt from overtime pay are
entitled to overtime pay for all work performed in a work week if the exempted
work is less than one-half of their work time.
Exemption for Supervisory or Managerial Employees
o Exemption from overtime pay remains in effect if they engage in non-managerial
work, provided they do so on an irregular or exceptional basis.
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