For An Annual Commitment Of Just $5 - Become An Individual Subscriber/Supporter Of WNYLaborToday.com
Subscriber Log In
Buffalo AFL-CIO Central Labor Council Denise Abbott,
President
Click Here for
Buffalo CLC Web Site
Niagara-Orleans AFL-CIO Central Labor Council Jim Briggs,
President
Click Here for
Niagara-Orleans CLC Web Site
Karen Butinski,
President
Click Here for Web Site
:"" Don Williams, Jr.,
President
Click Here for Web Site
David Wilkinson,
President
Click Here for Web Site

Recent News

More news >>

American Workers Need To Keep Any Eye On This: New Ontario, Canada Law Allows Less Pay For OT - Bill Lets Employers Average Out Number Of Hours Worked Over A Month When Calculating How Much OT Pay A Worker Is Entitled To

Published Sunday, April 7, 2019
by Sara Mojtehedzadeh/The Toronto Star
American Workers Need To Keep Any Eye On This: New Ontario, Canada Law Allows Less Pay For OT - Bill Lets Employers Average Out Number Of Hours Worked Over A Month When Calculating How Much OT Pay A Worker Is Entitled To

(ONTARIO, CANADA) - Ontario employers' duty to pay workers overtime just got a little lighter, following passage of a law that quietly reduces some protections around excess hours of work in the province.  Bill 66 lightens regulations around a practice called "Overtime Averaging" in a way that has significant implications for how much overtime pay Workers receive.

Time-and-a-half pay in Ontario is usually mandatory when Employees work more than 44 hours a week, unless an Overtime-Averaging Agreement is in place.

Under Bill 66, employers will have expanded use of these agreements and will be able to average Workers' hours over the course of a month rather than two weeks, resulting in less overtime pay.

Bill 66 is about "getting government out of the way of our job creators to help bring jobs and investment back to Ontario," said Todd Smith, Ontario's Minister of Economic Development, Job Creation and Trade.

But Pam Frache, the Coordinator of the Ontario Fight for $15 & Fairness Campaign, said the new law gives "the ‘green light’ to employers ‘to demand that Workers work more but get paid less.’"

For example, an employee who works 30 hours in weeks one and two and 60 hours in weeks three and four would normally be entitled to 32 hours of overtime pay that month.

With the month-long averaging agreements that Bill 66 allows, they would get just four hours of overtime pay.

Frache said the new measures will encourage employers to assign erratic schedules to Workers in order to minimize overtime payments.  "It can really introduce uncertainty and fluctuating hours," she said.

Previously, employers required permission from the Ministry of Labour to use an Averaging Agreement. 

"Requiring Ministry of Labour approval of Overtime Averaging Agreements is an ‘essential safeguard’ for Employees' ‘basic overtime protections and ensuring there are bona fide reasons for overtime averaging,’" said Joshua Mandryk, a Lawyer with Toronto-based Labour Law Firm Goldblatt Partners.  "The removal of this oversight ‘will inevitably result in the proliferation of’ Overtime Averaging Agreements in workplaces ‘where no warranting circumstances are present, and employers are simply seeking to cut costs by denying their Employees' overtime entitlement.’"

A two-year review of Provincial Labour Laws known as the Changing Workplaces Review recommended to government in 2017 that overtime averaging be scrapped entirely except in extraordinary circumstances.  It said there was "no reason to undermine the requirement to pay overtime by permitting averaging."

Under Bill 66, employers will no longer be required to post information In Their Workplaces about Employees' basic rights.

Instead, employers will be required to individually give Employees posters, which "removes the duplication of having to do both" under the current legislation.

To Continue Reading This Canadian Labour News Report, Go To: www.stcatharinesstandard.ca/news-story/9263486-new-ontario-law-allows-less-pay-for-overtime/?fbclid=iwar1skaxjjuonf1a32e_e_tk9koclxspbi84urewcyh64gshn7i6kytjpyr4

Comments

Leave a Comment