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Canada Misclassification

Stikeman Elliott LLP

Meal Delivery Service’s Mandatory Arbitration Clause for Couriers Unconscionable: Manitoba Court of Appeal

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The Manitoba Court of Appeal (the “Court”) in Pokornik v. SkipTheDishes Restaurant Services Inc., 2024 MBCA 3, recently upheld a lower court decision dismissing a large online meal delivery service’s motion to stay a class...more

Stikeman Elliott LLP

Ontario Superior Court Reviews the Factors Applied in Determining Independent / Dependant Contractor Status

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The rise of "gig" workers (i.e. independent workers paid by task or project) has, in recent years, drawn attention to the issue of the classification of workers as "employees", "independent contractors", or "dependent...more

Stikeman Elliott LLP

Successful Dismissal for Delay Under the Class Proceedings Act: Ontario Court Examines New Automatic Dismissal Provision

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In Bourque v Insight Productions, 2022 ONSC 174, the Ontario Superior Court of Justice (the “Court”) dismissed a proposed class proceeding for delay. The decision is noteworthy as it’s the first reported decision that...more

Littler

Littler Global Guide - Canada - Q3 2019

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With some Canada Labour Code (CLC) amendments in Bill C-44, the Budget Implementation Act, 2017, No. 1 (Bill 44) having come into force in 2017 and earlier in 2019, some additional amendments in Bill C-44 came into force as...more

Littler

Highest Court in Canada Says Substance, not Form, will Determine Independent Contractor or Employee Status

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A recent Supreme Court of Canada (SCC) decision considered whether a franchisee who entered into a franchise agreement with a franchisor was an employee or an independent contractor. The fact-specific case, Modern Cleaning...more

Littler

Canada: Massive Overhaul of the Canada Labour Code Pending

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A massive overhaul of the Canada Labour Code (CLC) is pending, with significant amendments coming into force on September 1, 2019, just prior to the Canadian federal election in October....more

Littler

Ontario, Canada Companies Beware: Class Action Lawsuits Alleging Worker Misclassification are on the Rise

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It appears there is a movement afoot in Ontario to change behavior around the classification of employees as independent contractors. ...more

Blake, Cassels & Graydon LLP

Ontario Passes Bill 47, Making Ontario Open for Business Act, 2018

On November 21, 2018, the Ontario government passed the Making Ontario Open for Business Act, 2018 (Bill 47), which introduces significant changes to Ontario’s Employment Standards Act, 2000 (ESA), Labour Relations Act, 1995...more

Blake, Cassels & Graydon LLP

Ontario Looks to Roll Out Major Changes to Labour Law with Bill 47: Making Ontario Open for Business Act

On October 23, 2018, the Ontario government introduced Bill 47, Making Ontario Open for Business Act, 2018 (Bill 47) in the Ontario legislature. Bill 47 proposes significant changes to Ontario’s Employment Standards Act, 2000...more

Bennett Jones LLP

Increased Scrutiny of Worker Misclassification in Ontario

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In November 2017, Ontario’s Bill 148, the Fair Workplaces, Better Jobs Act, 2017, received Royal Assent. While many changes to Ontario’s employment laws have already come into effect, others are just around the corner....more

Bennett Jones LLP

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

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Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Fisher Phillips

Ontario, Canada: Fair Workplaces, Better Jobs Act, 2017 Aims to Protect Low-Wage and Part-Time Workers

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Last month, Ontario passed the Fair Workplaces, Better Jobs Act, 2017 (the “Act”). The Act was passed in response to the Changing Workplaces Review’s conclusion that there is a “need for reform of employment standards and...more

Littler

Bill 148 is Now the Law in Ontario, Canada

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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....more

Blake, Cassels & Graydon LLP

Ontario Passes Bill 148, Rolls Out Major Changes to Workplace Laws

On November 22, 2017, the Ontario government passed the Fair Workplaces, Better Jobs Act, 2017 (Bill 148), rolling out major changes to the province’s employment and labour laws, including the Employment Standards Act, 2000...more

Dorsey & Whitney LLP

Exempt or Non-Exempt Employee Under U.S. Law? Even U.S. Employers Frequently Get it Wrong

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In the United States, employers are required to pay employees overtime (1.5 times the employee’s hourly rate) for hours worked over 40 per week. In some states, such as California, employers are required to pay overtime if...more

Dickinson Wright

Proposed Changes to Ontario Employment and Labour Laws

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On May 23, 2017, the Government of Ontario’s Special Advisors released their Final Report from the Changing Workplaces Review (the Final Report) which outlines 173 recommendations to amend the Employment Standards Act...more

Littler

Canada: Ontario Government's Proposed Legislation to "Create Fairer and Better Workplaces" Includes $15 Minimum Wage and Equal Pay...

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On May 30, 2017, the Ontario government issued its response to a Final Report recently released by two Special Advisors as part of their Changing Workplaces Review. This Report included 173 recommendations for amendments to...more

Blake, Cassels & Graydon LLP

Top 10 Issues for Employers, Issue #8: Employment Considerations in Business Transactions

This is the eighth instalment in our Top 10 Issues for Employers series, focusing on employment considerations in business transactions. Specifically, this instalment discusses key employment and labour issues that a...more

Dickinson Wright

Managing the Employment Relationship in Ontario

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What state-specific laws govern the employment relationship? The Employment Standards Act, 2000, sets out most of the minimum employment standards for provincially regulated workplaces in Ontario....more

Littler

Canada: Time for Submissions Soon Expiring in Ontario under Changing Workplace Review

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As previously reported, the Special Advisors to the Government of Ontario, Canada released their interim report on July 27, 2016 on ways in which the Ontario Labour Relations Act (“LRA”) and Ontario Employment Standards Act,...more

Littler

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

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On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

Foley Hoag LLP - Global Business and Human...

Five on Friday: Five Recent Developments that We’ve Been Watching Closely

There continue to be regular developments in the business and human rights field that warrant attention from both companies and their stakeholders. New legislation and regulation, shifting policy positions, and developments...more

Bennett Jones LLP

Court of Appeal Denies Certification in Another Misclassification Overtime Class Action

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In the latest installment in a series of recent employment class actions, the Court of Appeal for Ontario has dismissed an appeal by class action plaintiffs in Brown v Canadian Imperial Bank of Commerce. The decision...more

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