The burden of proof for hours worked by its employees is the responsibility of an employer especially in organizations that do not have an automated system. However, many companies might have employee hand books that contain language, which states, in part, that employees are required to record and report time work, and submit their time cards, to their respective supervisors for review and approval.
On June 1, 2017 Bill 148, was introduced. If you operate a business in the province of Ontario, here is summary of some of the changes you should prepare for in 2018.
Benefit Accruals, Vacation, Statutory Holiday and Overtime Pay
- Personal Emergency Leave: Rather than limiting this leave to organizations with more than 50 employees, all workers will be given 10 personal emergency leave days per year – and a minimum of two days would be paid. Further, employees will not have to provide employers with a sick leave note when requesting personal leave.
- Overtime: The Mixed Hourly Rate (a weighted average established for employees with multiple rates) would be eliminated in favour of paying overtime at the rate of the work performed after the weekly threshold is reached
- Vacation Entitlement Increase: Minimum vacation entitlement for workers would rise from two to three weeks per year (after five years with the same employer)
- Public Holiday Pay: Calculation changes for public holiday pay that refer to regular wages in the pay period before the holiday divided by the days worked (rather than a four-week period of regular wages divided by 20)
Employee Workforce Scheduling
- Three-Hour Rule: Broader application – The rule would extend to unworked on-call situations and when shifts are cancelled within 48 hours of the scheduled start time.
- Advance notice: Employers must offer employees advance notice of 96 hours or be subject to refusal.
- Three-Hour Rule: Removal of minimum wage component – Rather than topping up shifts less than three hours to three times the minimum wage, as proposed, eligible employees would be entitled to three times the regular rate.
The reforms to the Bill148, Fair Workplaces, Better Jobs Act, 2017 will work in concert with the rise of the minimum wage that was also enacted into law as well. If your organization is still using an antiquated time tracking system or one that is no longer meeting your needs, it might be time to think about upgrading to a modern time and attendance solution- one that’s specifically, designed to comply with today’s ever changing regulatory and work-rule policies.
To reach a representative, call 866.294.2467.