ESA Changes Impacting Your Workplace – More Than a Minimum Wage Increase

Bill 148 proposes major changes to the Employment Standards Act that affect most industries. This Bill has received Royal Assent, and it is now law. Some of the changes take effect immediately. That doesn’t give you much time!

Here is a summary of the changes so you can start planning.

Minimum Wage Increase – January 1, 2018 and 2019
– Increase to $14/hour January 1, 2018
– Increase to $15/hour January 1, 2019
o Annual increases thereafter at the rate of inflation

Paid Vacation – January 1, 2018
– Employees with more than five (5) years’ service with an employer are entitled to three (3) weeks’ vacation.

Personal Emergency Leave / Paid Sick Days – January 1, 2018
– Ten (10) Personal Emergency Leave days for all employees (not just those working for large employers).
– Two (2) of the ten (10) Personal Emergency Leave days will be paid, the rest unpaid.
– Employers will not be allowed to ask for a Doctor’s note from an employee taking Personal Emergency Leave.

Holiday Pay Calculation – January 1, 2018
– New formula for the calculation of holiday pay for part-time and casual employees
– The new formula is: Sum of regular wages earned/number of days worked in preceding pay period
o i.e. an employee works 1, 8-hour day in the preceding pay period of the Holiday, that employee is entitled to 8 hours of public holiday pay.

Equal Pay for Equal Work (Part-time, Casual, Seasonal, Temporary) – April 1, 2018
– Employees that perform substantially the same kind of work, in the same establishment, that requires substantially the same skill, effort and responsibility; and is performed under similar working conditions, must be paid the same regardless of their status.
– If a part-time, casual, seasonal or temporary employee believes they aren’t receiving equal pay as their full-time counterparts, they can question their employer.
o The Employer is required to respond in writing
– Also applies to employees hired through a temporary help agency.
– Exceptions – seniority system, merit systems, or pay that is determined by quantity or quality of production.

Independent Contractor Classification – November 27, 2017
– Employers must be sure that their Independent Contractors are, indeed Independent Contractors, not Dependent. Penalties will follow for Employers who misclassify.
– Independent contractors can challenge their status and the onus of proof is shifted to the company to prove that person is not an employee.

Scheduling and Minimum Pay – January 1, 2019
– Employees will have the right to request schedule or location changes without reprisal. – Minimum 3 hours pay at regular rate of pay when an employee reports to work.
– Employees will have the right to refuse a shift if they receive less than 4 days’ notice of said shift.
– Minimum 3 hours pay if a shift is shortened or cancelled.

On-Call Pay – January 1, 2019
– Minimum 3 hours pay for each day on-call and not called in.

Crown Employees – January 1, 2018
– Crown Employees are now included in the ESA Hours of Work, Overtime Pay, Minimum Wages, Public Holidays & Vacation with Pay provisions.

Domestic or Sexual Violence Leave – January 1, 2018
– Employees with at least 13 weeks of service can take up to 17 weeks of unpaid leave per calendar year.
o Up to 10 days of the leave can be taken in full or half days, 5 of these days will be paid.
o Up to 15 weeks (or partial weeks) can be taken as well

Maternity & Parental Leave – December 3, 2017
– Increase from 6 to 12 weeks for mothers who suffer a still-birth or miscarriage (January 1, 2018)
– Parental Leave increase from 37 to 63 weeks for adoptive parent or spouse.
– Birth Mother combined leave extended from 12 months to 18 months
– Changes align with changes in Employment Insurance pay for maternity and parental leave.

Critical Illness Leave – December 3, 2017
– Previously known as Critically Ill Child Care Leave
– Employees are entitled up to 37 weeks in a 52-week period to provide care or support to a critically ill child who is under 18 years of age
– Employees are entitled to up to 17 weeks in a 52-week period to provide care or support to a critically ill adult who is a family member

As a result of these changes a full-scale review will be necessary for organizations. Some of the following areas need to be considered:
• Financial impact analyzed;
• Policy manuals and procedures reviewed and updated;
• Scheduling processes reviewed and adapted;
• Collective Agreements reviewed and updated;
• Pay structures and salary grids reviewed to adapt minimum wage requirements and address wage compression issues; and
• Leadership, payroll, finance and HR teams trained.

Are you ready for these changes?

Pesce & Associates is working with clients that are planning ahead to ensure they are fully compliant with the upcoming changes now that Bill 148 has received Royal Assent. We are making presentations to business leaders on the impact of the changes and what you need to consider. Please reach out to your Pesce Senior Consultant or our Managing Partner, Elizabeth Hill at 416.491.1501 ext. 23 or ehill@pesceassociates.com to discuss how we can help.

For more information on our services, please visit our website at www.pesceassociates.com.

DOMESTIC VIOLENCE – DOES YOUR WORKPLACE HAVE A PROACTIVE APPROACH?

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DOMESTIC VIOLENCE – DOES YOUR WORKPLACE HAVE A PROACTIVE APPROACH?

What is Domestic Violence?

Domestic Violence is a pattern of behavior used by one person to gain power and control over another person with whom he or she has had an intimate relationship.  This pattern of behavior may include physical violence, sexual, emotional and psychological intimidation, verbal abuse, stalking or the use of electronic devices to harass and control another person.

Domestic Violence becomes workplace violence or harassment when it occurs or spills over into the workplace.

Based on information published by the Conference Board of Canada in November 2015:

  • 71% of organizations surveyed reported situations where it was necessary to protect a victim of domestic abuse;
  • 37% reported they have not implemented a domestic violence policy, either stand-alone or as part of a broader workplace policy.

Other research shows:

  • 70% of domestic violence victims are also abused at work (Swanberg, J. & Logan, T.K. (2005));
  • 54% of domestic violence victims miss 3 or more days of work a month (Zachary, M. (2000)).

Why Do Employers Need to be Proactive?

Under the Occupational Health and Safety Act (OHSA), employers must specifically take precautions to protect workers from domestic violence that may occur in the workplace.  While a significant number of workplaces have implemented a domestic violence policy, many employers acknowledge that more training and education is required for employees and managers.

Providing a safe environment for employees facing domestic violence and connecting them with the appropriate community resources can contribute to a more productive workplace.  Some of the effects and associated costs of domestic violence in the workplace include:

  • Reduced employee productivity;
  • Increased absenteeism;
  • Decreased employee morale – strained relations among co-workers;
  • Potential harm to employees, co-workers and/or customers when violent abusers enter the workplace; and
  • Increased liability costs if someone at the workplace is harmed.

Protecting Employees Who are Victims of Domestic Violence

Organizations have an important role to play in supporting their employees who are dealing with domestic violence.

Key elements of such a program should include:

  • Training for managers and employees;
  • Reporting potentially threatening situations based on clear guidelines, for both management and staff, on how to deal with such issues;
  • Reviewing leave of absence policies and guidelines;
  • Establishing alternative work arrangements protocols;
  • Assessing threats and risks;
  • Planning safety procedures and programs such as door security, installation of panic buttons, etc.; and
  • Providing access to support services, community resources or employee assistance programs.

Is your organization prepared to protect and support an employee who is the victim of domestic violence?

While it may not be an issue yet, taking a proactive approach will ensure you have clear policies and procedures in place that will allow you to act immediately should that be necessary.  It will also help increase awareness, manage and prevent the escalation of violence and encourage employees who are victims of domestic violence to reach out for help.

With amendments to the Occupational Health and Safety Act (Bill 132, Sexual Violence and Harassment Action Plan Act, )  coming into force on September 8, 2016, this is the perfect time to review your existing policies and procedures to ensure they comply with all the requirements of the OHSA.

What Can Pesce & Associates Do For Your Organization?

We have the experience and expertise in creating customized policies, procedures and codes of conduct that are compliant with legislation and recognize the culture and values of an organization.   We can develop and deliver customized training and communications to inform and support managers and employees.  Please visit our website at www.pesceassociates.com, contact your Senior Consultant or call Angelo Pesce, Managing Partner, at 416- 491-1501 extension 22.

Sandi Johnson

Senior Consultant

July 2016

Respect in the Workplace: Now is the Time to Bring it Back and Keep It!

Respect in the Workplace: Now is the Time to Bring it Back and Keep It!

In a recent report by Craig Dowden, PhD, entitled “Civility Matters” prepared for APEX (The Association of Public Service Executives), the author reminded us of how important civility in the workplace is to a well functioning organization. It states:

The rising problem of workplace incivility warrants immediate attention because uncivil workplace behavior can affect the entire organization negatively by poisoning worker’s psychological and physical well-being, learning motivation and productivity. The unfortunate organizational climate this situation creates can contribute ultimately to an organization’s inability to remain competitive.

It is our view that while this report specifically refers to the Federal Public Service its reasoning and findings apply equally to any organization.

Over the past few years our workplace legislators and human resources departments have been focused on developing proper processes to handle complaints of harassment, bullying and violence in the workplace. While having such processes is absolutely necessary, we need to ask ourselves – would it not be a more desirable objective and outcome if we could prevent this type of behaviour from happening in the first place?

We at Pesce & Associates believe that the answer is a resounding yes. Creating a civil and respectful workplace that will prevent many of these undesirable occurrences from happening is the answer.  We can help you identify problem behaviour, find solutions and train your managers/supervisors and staff on how to create and maintain respect in the workplace.

To find out how we can help you create solutions that fit with your workplace and unique environment, please contact Angelo Pesce at 416-491-1501 extension 22 or e-mail him at apesce@pesceassociates.com. For more information on all our services, please visit our website at www.pesceassociates.com

Who is advocating for employees?

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Back in the 50’s through to the 70’s, the general workforce had steady jobs, benefits, and decent pensions. During this period, the union movement–especially in the private sector–was very strong and their influence was significant. It wasn’t unusual for gains made in the collective bargaining process for unionized staff to make their way into the terms and conditions for non-unionized staff and management ranks.

Since then with the rise of business friendly governments at all levels, the union movement has come under attack. Suddenly it has become accepted dogma that unions are bad for business. In the interest of competitiveness, society has bought into this idea and it has reduced union influence in creating good working conditions for all members of the workforce.

Both in the USA and Canada, the unionization rate has declined considerably in the private sector. In Canada, the unionization numbers overall look healthier because the public service sector remains highly unionized. Healthcare, education and municipal workers have very good working conditions and in large part it is because they are unionized.

Statistics show that unionized employees’ wages and benefits are considerably better than that of non-unionized employees. This demonstrates that unions can improve the working and personal lives of people. Businesses and governments have felt that the only way for them to remain competitive and cost effective is to confront the strength of unions and reduce the terms and conditions that unions fought so hard for. This has been done without regard for the impact this will have on the personal well being of their workforces, and ultimately on society and the economy as a whole when people’s spending power is reduced.

Hardnosed bargaining, back to work legislation, and zero wage increases have been going on for well over 6 years in most jurisdictions. As a result, the push has been to create a race to the bottom– that is, to reduce the wages and benefits for these employees–instead of striving to have other sectors and employers strive to achieve their level of compensation thereby enhancing the well being and spending power of all.

There is currently an ongoing discussion on income inequality; a lack of employer sponsored benefits; a workforce that is not saving for retirement; precarious jobs, and employers that notwithstanding sound profits are laying off workers by the thousands. Just today, CPR announced 1,000 lay-offs notwithstanding sound profits. It is as if the reward to employees for a company’s profitability is losing their jobs. Banks earlier this year announced job losses even though their profits are in the billions of dollars.

Organizations, notwithstanding their pronouncement about “people being their most important resource,” often don’t really mean it. The evidence shows that the first action they take whenever they need to solve an operational problem, or increase profits, is to cut back on workers either through layoffs or reduction in wages and benefits and by creating precarious work.

Unless unionization increases significantly in the near future, employees are at the mercy of the employers without anyone looking after their interests. Prime Minister Trudeau has been quoted from an interview last summer as saying “Canadians need to know that unions matter. They need to know that unions are essential in the fight for fair wages. Canadians need a government, which instead of attacking unions, works with them to ensure that every Canadian has a real and fair chance at success.”

If the government succeeds in changing the negative perception of unions the answer to my question “who is advocating for employees” will once again be “the unions”. More workplaces will organize and the situation for its employees will improve. At best this is a long term solution.

In Ontario the government is now reviewing the Employment Standards Act (ESA) with the objective of modernizing it. While this is welcome it won’t solve the problem of creating fairness in the workplace. As evidence of this, MOL has released the findings of its latest inspection blitz and found that two-thirds of employers were found in violation of the act with hours of work, overtime and vacation leave being the most common. Employers were given insignificant fines which do not act as either a deterrent or encouragement in obeying the ESA. Nor is there any significant process to educate workers on their rights in the workplace.

This leads me to the question; why haven’t HR professionals taken up the task of ensuring that employees are well treated just like the Accounting professionals ensure that every financial transaction meets accounting principles? Or, like the IT professionals ensure that the investment in hardware and software is maintained and up-to-date. These professions look after their field well because it is critical to the success of the company they work for.

As stated by Richard Branson, “Employees come first. If you take care of your employees, they will take care of the clients.” So why have HR professionals not sought and received the authority to take care of the employees? If they had that authority and were obliged to exercise it then perhaps everyone would not have stood by when people in powerful positions took advantage of their staff (CBC and the Canadian Olympic Committee). ESA inspections would not show two-thirds of companies with violations, and noncompliance would not be an acceptable practice until they are caught. And perhaps knee jerk reactions to any financial problem would not be to cut back, reduce staff or otherwise diminish the value of the workers contribution to the success of the organization.

I strongly urge all HR professionals to seek this authority and for the sake of competitiveness, and successful organizations, let HR be the ones who advocate for employees.

Pesce & Associates has experience and expertise in helping organizations deliver exceptional results and in strengthening employee performance and commitment to achieving organizational strategic goals and corporate objectives. For further information on the full range of human resources consulting services offered by Pesce & Associates, please visit our website at http://www.pesceassociates.com or call Angelo Pesce at 416-491-1501 extension 22.

Angelo Pesce
Managing Partner
January 2016

 

AODA Compliance Requirements Quickly Approaching – We Can Help!

The latest compliance requirements for the Accessibility for Ontarians with Disabilities Act (AODA) are quickly approaching. By now, you should be in regulatory compliance in the following areas:
• All requirements under the customer service standard;
• Accessibility policies;
• Posted multi-year accessibility plan;
• Accessible procurement practices;
• Initial implementation of accessible websites, conforming to the international WCAG 2.0 standard;
• In addition to customer service training, staff training on all aspects of the AODA and on the Ontario Human Rights Code as it relates to disability.
By January 1, 2016, you must also be in compliance with:
• Accessible employment practices covering the life cycle of employment; and
• Documented individualized accommodation plans including any provisions for emergency response and evacuation.
Reports were due to the government last December 31, 2014 for all organizations with over 20 employees. The Government of Ontario is currently auditing organizations for compliance and will be enhancing its efforts throughout 2016. Audits include all requirements up to and including those coming into effect in 2016. The government has already imposed penalties of hundreds of thousands of dollars as a result of past audits.

WE CAN HELP!
Pesce & Associates offers AODA Compliance Consulting with a team of experts. Ellen Waxman, former Assistant Deputy Minister of the Accessibility Directorate of Ontario and Ian McArdle, long-time Pesce & Associates Partner, are available to work with you to ensure that you meet all AODA reporting and audit requirements in a timely and efficient manner.

Ellen is Ontario’s foremost AODA expert. Prior to leaving the Ontario Public Service, Ellen was responsible for the development of the five AODA standards and the creation of the compliance and enforcement system. Over the past three years, Ellen has designed and delivered the Human Resources Professional Association’s Accessibility Certificate Program and has worked with organizations to meet all of their AODA requirements.

Ian has over forty years’ experience in human resources with an emphasis on labour and employee relations plus over thirty years’ experience working as a volunteer with people with disabilities and as such he is well suited to assist with and participate in the introduction and maintenance of all aspects of the AODA.

For further information, please contact Ellen Waxman at ellen@ellenwaxman.net, or (416) 452-7770. Or Ian McArdle at imcardle@pesceassociates.com or (416) 491-1501 x 25. For more information on additional service offering please visit our website at http://www.pesceassociates.com.

3 Things Organizations Can Learn From the Blue Jays

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3 Things Organizations Can Learn From the Blue Jays

Now that the Blue Jays have finished their incredible season, I have been thinking about the baseball year, how far the Toronto Blue Jays have come and what contributed to their success.

Consider that the team reached the playoffs for the first time since 1993, ending what was the longest playoff drought in North American professional sports at the time. Early in the season they showed signs of the team they would become but they were unable to sustain any significant wins. At the all-star break, the middle of the season, the Blue Jays record was 51 wins and 50 losses. They were barely winning half their games. In contrast, they finished the season with a record of 93 wins and 69 losses clinching first place for their division. What led to this major turn-around in the second half and what can organizations learn from it?

1. Don’t be afraid of change.

Faced with another year of not making the playoffs, the team decided after the all-star break that they were not going to roll over and play dead. Instead they took action. A number of players that were popular with fans but who were not gelling with the team inside the clubhouse were traded. New players were brought in – Donaldson, Tulowitski, Price – who would ultimately be significant contributors to the team’s success. It was a complete shake up on the field as the GM realized “you can’t expect different results if you are to keep doing the same thing over and over” (Albert Einstein). The GM was not afraid of change and knew that to be successful you have to make difficult decisions and bold moves to achieve your vision. When an organization is not on the right track there are times when you have to part ways with those that are hindering your success and bring in the talent you need.

2. It’s all about the fit.

Not only did the Blue Jays’ GM bring in the talent needed, he brought in the personalities that were needed in the clubhouse to help the players become a successful team. In the first half of the season it appeared there were players that did not fit with the group. They were seen off to the side and not mixing with other players. After the player changes were made, word got out that the team was not only exciting on the field but were having a great time off the field spending time together and eating meals together. The personal relationships that were developing led to a more cohesive team on the field. As many organizations have realized, it is not enough for an employee to have the skills an organization needs. They also have to be a person that will get along with the rest of the team and fit the culture of the organization.

3. Everyone has an important role.

This seasons Blue Jays also recognized that winning is not just about the nine players on the field. There is a whole team behind them of players, coaches, trainers and administration. Many people provided the support necessary for the players to be successful, and the organization’s leadership made the effort to recognize the value of these supporting roles. For instance, when the Blue Jays were clinching the division out of town, the GM took a number of front office personnel to sit in the front row of the stadium and watch the game. When the team entered the playoffs, suited up and on the bench were players like Kawasaki and Buerhle even though they were not on the roster and would not be playing. The GM recognized that they provided a positive impact to player morale just being there. Organizations know that there can be those people whose personalities offer more to the team then their actual skills and that there is great value in that.

So thank you Blue Jays for the wonderful year! And thank you for teaching organizations to not be afraid of making drastic changes, the importance of hiring the right fit and how to recognize the important role everyone plays on a successful team. See you next season!

Elizabeth Hill
Partner & Senior Consultant
November 2015

How Pesce & Associates Can Help
Our Consultants have decades of experience working with the Employment Standards Act and helping clients ensure they are compliant. We utilize a Compliance Assessment Review process to ensure organizations are compliant with all employment related legislation. To discuss how we can assist you, please contact Elizabeth Hill, Partner & Senior Consultant, at ehill@pesceassociates.com or 416-491-1501 ext. 23.

For further information on the full range of human resources consulting services offered by Pesce & Associates, please visit our website at http://www.pesceassociates.com.

Employment Standards Act Changes

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Employment Standards Act Changes – What You Need To Do

As of May 20, 2015, changes to the Employment Standards Act have come into effect. The following provides you with specific details and access to the necessary resources so you can ensure you are compliant.

ESA Information Poster
A new ESA Information Poster has been developed and must be posted in all workplaces. The new obligation is that all existing employees must be provided with a copy of the poster before June 20, 2015. On an ongoing basis, all new employees must receive a copy of the poster within 30 days of their first day of work. It is recommended that you make the poster part of your new employee hiring package. Follow the link below to access the new poster.

http://www.labour.gov.on.ca/english/es/pubs/poster.php

Self-Audits
With the new amendments, Employment Standards Officers (ESOs) may now require an employer to complete a self-audit to report on their compliance with the Act and identify any outstanding wages due to non-compliance. If you are required to do a self-audit, you will receive written notice (the notice must be in writing) from an ESO which must specify:
• The period to be reviewed;
• The provision(s) of the ESA that are to be covered in the self-audit;
• The date by which the employer must provide the results of the self-audit to the ESO.

If the self-audit indicates that one or more employees are owed outstanding wages, the employer must provide a list of names and amounts that are to be paid with proof that the wages were paid out once completed. As well the employer must provide details on how they will ensure ongoing compliance. Whatever the results of the self-audit, the ESO retains the right to conduct his/her own investigation.

How Pesce & Associates Can Help
Our Consultants have decades of experience working with the Employment Standards Act and helping clients ensure they are compliant. We utilize a Compliance Assessment Review process to ensure organizations are compliant with all employment related legislation. To discuss how we can assist you, please contact Elizabeth Hill, Partner & Senior Consultant, at ehill@pesceassociates.com or 416-491-1501 ext. 23.

For further information on the full range of human resources consulting services offered by Pesce & Associates, please visit our website at http://www.pesceassociates.com.