News & Analysis as of

Remote Working Canada

Ogletree, Deakins, Nash, Smoak & Stewart,...

Working for Workers ...From Home? Ontario’s Working for Workers Five Act, 2024 and Telework

On October 28, 2024, Ontario’s Working for Workers Five Act, 2024 received Royal Assent. ...more

Mintz - Employment Viewpoints

Canada Revenue Agency: Remote Workers Payroll Guidance

It is undoubtedly true that the employment relationship has changed because of the pandemic. The era of hybrid and remote workers is likely here to stay, at least for the time being, and this has left employers, the...more

Littler

Ontario, Canada: Amending Regulation Supports Bill 79’s Changes to ESA’s Mass Termination Provisions

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On November 25, 2023, O. Reg. 340/23: TERMINATION AND SEVERANCE OF EMPLOYMENT made under the Employment Standards Act, 2000 (ESA) (Regulation), amending O. Reg. 288/01 (Termination and Severance of Employment), was published...more

Stikeman Elliott LLP

Strikes and picketing in the living room: anti-scab provisions in the age of telework

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The advent of telework and its widespread adoption over the past few years have turned the work world upside down and had a direct impact on the courts’ interpretation of various legislative provisions governing labour law....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Three Options for Non-Canadian Employers Hiring Remote Employees in Canada

With the boom of remote work, companies have increased their candidate base to stretch well beyond the boundaries of cities, states, and even countries—and many employers are looking to tap into Canada’s deep talent pool of...more

Littler

British Columbia Tribunal Confirms Time Theft Proven by Time-Tracking Software May Justify Employment Termination for Cause

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The decision of the British Columbia, Canada Civil Resolution Tribunal (Tribunal) in Besse v. Reach CPA Inc., 2023 BCCRT 27 is especially relevant now that remote work has become common. The Tribunal found the employer had...more

Littler

Ontario, Canada Proposes ESA Amendments Relating to Remote Workers and New Hires

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On March 13, 2023, Ontario announced that it is proposing two amendments to the Employment Standards Act, 2000 (ESA) and related regulations. Employees Who Work Solely from Home to Become Eligible to Receive Enhanced...more

Dorsey & Whitney LLP

Form I-9 and Remote Workers: Is the Flexibility Almost Over?

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As most Canadian employers are aware, the Immigration Reform and Control Act of 1986 requires employers to verify the identity and employment authorization of each of their employees inside the United States. This process is...more

Bennett Jones LLP

The Labour Market: Shortages, Uncertainty and Transitions

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Two underlying themes for the Spring 2022 Bennett Jones Economic Outlook are supply shortages and economic uncertainty. These themes also resonate in analyzing developments and prospects in the Canadian labour market more...more

Dorsey & Whitney LLP

States Expand Pay Transparency Requirements, Including for Remote Job Postings

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In order to address income disparities and employer discrimination, a growing number of jurisdictions in the U.S. have implemented salary transparency laws that not only require disclosure of certain salary information during...more

Stikeman Elliott LLP

Québec to Delay Eliminating Mandatory Masking to End of April as COVID-19 Cases Rise

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With the recent rise in COVID-19 cases and hospitalizations, the interim Québec National Director of Public Health announced on April 5, 2022 that the wearing of masks in public places indoors (scheduled to be eliminated...more

Stikeman Elliott LLP

Alberta Government Announces a Phased Approach to Lifting All COVID-19 Health Restrictions, Immediately Ending the Restrictions...

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On February 8, 2022, the Government of Alberta announced that effective immediately, it would begin lifting COVID-19 restrictions, including the mandatory vaccination requirements under the Restrictions Exemption Program (the...more

Stikeman Elliott LLP

An Accident While Working From Home Can Still Cause an Occupational Injury

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Since the beginning of the pandemic caused by COVID-19, remote work has become the norm for many companies. However, even when work is performed at the worker's home, the worker can still file a claim with Quebec’s workers’...more

Fisher Phillips

New Year Brings Employee-Friendly Changes to Ontario’s Employment Standards Act

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The Ontario government recently made significant amendments to its workplace laws in an effort to create a more pro-worker employment model. Formally known as Bill 27: Working for Workers Act, 2021, it changes a series of...more

Stikeman Elliott LLP

Québec Loosening More Restrictions Over the Next Weeks

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Recap - In December 2021, the Québec Government ordered a number of businesses to suspend their activities (including restaurant dining rooms), imposed capacity limits on businesses permitted to remain open, required...more

Littler

Ontario, Canada Moves Back to Amended Step Three of its Roadmap to Reopen

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With key public health indicators beginning to show signs of improvement and expected to continue, Ontario  announced on January 20, 2022, that commencing January 31, 2022, it would begin to take steps to cautiously and...more

Stikeman Elliott LLP

As Ontario Prepares to (again) Enter Step 3 of the Roadmap to Reopen, Employers Can (cautiously) Prepare to Ease Remote Work...

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On January 27, 2022 Ontario filed Regulation 25/22, amending Ontario Regulation 364/20, Rules for Areas at Step 3 (the “Step 3 Regulation”). On January 31, 2022, all public health units in Ontario will again move to Step 3...more

Stikeman Elliott LLP

Québec Loosening Certain Restrictions: Releases Schedule for Reopening Restaurants, Cinemas and Other Venues at Half Capacity Over...

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Recap - In December, 2021, the Québec Government ordered a number of businesses to suspend their activities (including restaurant dining rooms), imposed capacity limits on businesses permitted to remain open, required...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Implements New Lockdown and Revised COVID-19 Testing Guidance

On January 3, 2022, the Ontario government announced a number of restrictions in response to climbing COVID-19 case numbers and increased hospitalizations. Effective January 5, 2022, the province is temporarily returning to a...more

Littler

Ontario, Canada Temporarily Reverts to Step Two of Roadmap to Reopen with Modifications

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In response to the recent rapid increase in COVID-19 hospitalizations caused by the highly transmissible nature of the Omicron variant, and as the province continues to accelerate its booster dose rollout, Ontario announced...more

Stikeman Elliott LLP

Ontario’s Latest COVID-19 Restrictions: Employees Required to Work From Home Again

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At 12:01am on January 5, 2022, Ontario will implement additional COVID-19 public health measures. These restrictions include the closure of certain businesses, capacity limit reductions, and a requirement that employees work...more

Stikeman Elliott LLP

Ontario’s COVID-19 Response: Back to Step Two as Province Seeks to Blunt Omicron’s Impact on Health Care

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On January 3, 2022, the Government of Ontario announced that, as a temporary measure, the province would revert to a modified version of Step Two of the Roadmap to Reopen as of 12:01 a.m. on Wednesday, January 5, 2022....more

Stikeman Elliott LLP

New Québec Restrictions as of 5 p.m. today: Restaurant Indoor Dining prohibited, Sunday Closure of Non-essential Businesses and 10...

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As of 5 p.m. today, Québec will impose further restrictions on business and the general public which include the following: closure of restaurant dining rooms; take-out, drive-thru and delivery only permitted...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

‘Hey Boss, I’m Working Remotely...From Québec!’ Are Your Out-of-Country Employees Governed by Québec’s Employment Standards?

In the context of the pandemic, if there is a question that employers have frequently faced, it is whether employees who decide to work remotely from Québec are covered under Québec’s Act Respecting Labour Standards, which...more

Faegre Drinker Biddle & Reath LLP

Ontario Moving to Step 2 of its Reopening Plan on June 30

Effective June 30, 2021, all public health units in Ontario may move to Step 2 of the province’s Roadmap to Reopen. On June 30, all public health units in Ontario will be subject to the requirements established by O. Reg....more

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