What is the Employment Standards Act?
In Ontario, the Employment Standards Act sets down the minimum standards for basic conditions of employment. Topics covered under the act include the minimum wage, public holidays, termination rights, pregnancy leave, parental leave, family caregiver leave, vacation time, limits on working hours, and more.
Does the Employment Standards Act (ESA) Cover All Workers?
While the act does cover the majority of workers in Ontario, it does not apply to workers in federally regulated positions. Examples include workers in banking, airlines, federal civil service, and post offices.
Covered workers have their employment rights protected under the act and can file a legal claim if they believe those rights have been violated.
Examples of ESA Violations
Here are a few common ways in which employers violate the ESA:
- Failing to pay the correct wage. This could occur for failing to provide the correct hourly wage, holiday pay, overtime pay, or even vacation pay.
- Limit on hours of work exceeded. Under the ESA, an employer can only require that an employee work a maximum of 8 hours a day or the number of hours in an established workday. Otherwise, a written agreement must take place between the employer and the employee detailing the expected extra hours. This agreement does not mean that the employer is no longer required to pay overtime hours.
- Penalizing an employee for taking an entitled leave of absence.
- Failing to provide wage statements and other employment records.
When the ESA is violated, the employee has the right to file a claim.
Filing ESA Claims
There are time limits when it comes to ESA claims. Generally speaking, a claim must be filed within two years of the alleged violation.
Once filed, an ESA agent will begin an investigation. First, they may encourage the employer to resolve the issue. If this doesn’t occur, then the agent can order the employer to:
- Pay wages owed;
- Give the employee their job back;
- Provide compensation.
Depending on the circumstances, the employer may be fined or even receive jail time.
Hire an Ontario Employment Lawyer Today
If you suspect that you have suffered from an ESA violation, our experienced employment attorneys can help. Contact us for a no-cost consultation or call us at (519) 658-6341.
