As of January 1st 2018, Ontario's Bill 148: Fair Workplaces, Better Jobs Act, 2017 will be effect. Below you'll find the major changes:
Minimum Wage Increase
- $11.60/hour to $14/hour
- Liquor Servers $10.10/hour to $12.20/hour
- Students under 18 $10.90/hour to $13.15/hour
- The calculation of blended overtime rates for employees who work different jobs at different rates, will no longer apply.
- Employees who hold more than one position with an employer and who are working overtime, must be paid at the rate for the position they are working at during the overtime period.
General Holiday Eligibility and Calculations
- Eligibility: First and last scheduled shift worked (unless reasonable cause)
- General Holiday pay will be calculated by “the total amount of regular wages earned in the pay period immediately preceding the public holiday, divided by the number of days the employee worked in that period…”
- Regular wages DOES NOT include overtime pay, public holiday pay, premium pay, vacation pay, domestic or sexual violence leave pay, personal emergency leave pay, termination pay, severance pay and termination of assignment pay
- If the employee was on a personal emergency leave, on vacation, or on a combination of the two for the entire pay period before the public holiday, the calculation is instead based on the regular wages earned by the employee in the pay period before the start of that leave or vacation, divided by the number of days the employee worked in that period.
- If the employee was not employed during the pay period before the public holiday, the public holiday pay is calculated using the regular wages earned by the employee in the pay period that includes the public holiday, divided by the number of days the employee worked in that period.
- Employees whose period of employment is five years or more, are eligible for “…at least three weeks after each vacation entitlement year that the employee completes.”
Paid Leaves (Sick Days)
- This has been amended to provide personal emergency leave to all employees, not just employees of employers who regularly employ 50 or more employees.
- Paid leave is only available to employees who have worked for their employer for 1 week or more.
- If the employee has been employed by the employer for one week or longer, they are entitled to “a total of two days of paid leave, and eight days on unpaid leave in each calendar year.”
- The two paid days must be taken first in a calendar year before any of the unpaid days can be taken under this section.
- If an employee takes a paid day of leave under this section, the employer shall pay the employee either:
- the wages the employee would have earned had they not taken the leave, or
- if the employee receives performance-related wages, including commissions or a piece work rate, the greater of the employee’s hourly rate, if any, and the minimum wage that would have applied to the employee for the number of hours the employee would have worked had they not taken the leave; or
- if some other manner of calculation is prescribed, the amount determined using that manner of calculation.
For further information on the changes, please click here.