Treiber Law: Working For Workers, Part Four

Last week, on March 21, 2024, the Ontario provincial government’s latest piece of workplace legislation, the Working For Workers Four Act, 2023 (“Bill 149“) received Royal Assent bringing in sweeping new changes to the Employment Standards Act, 2000 (the “ESA“).  Below are some of the key proposed changes of interest for businesses:

Trial Periods & Unauthorized Deductions for Theft (Effective Immediately)

Bill 149 will amend the ESA to:

• require any work performed during a “trial period” to be akin to training, meaning that it must be paid time; 
• prohibit employers from making deductions from an employee’s pay where a customer of a restaurant (“dine and dash”), gas station (“gas and dash”) or other establishment leaves the establishment without paying for the goods or services taken from, consumed, or received at the establishment. 

These changes came into force effective March 21, 2024.

Tips & Direct Deposit (Effective June 21, 2024)

Bill 149 amends the ESA to:

• require employers who have a policy in place with respect to the employer (or a director or shareholder of the employer) sharing in tips or other gratuities to post a copy of the policy in at least one conspicuous place in the employer’s establishment.
•   employers that pay employees their wages via direct deposit will be required to ensure that payment is made to a bank account selected by the employee and such bank account is in the name of the employee. 

Employers must retain a copy of the tip policy for three years after the policy ceases to be in effect.

These changes come into force effective June 21, 2024.

New Job Posting Requirements (Unknown Effective Date)

Bill 149 amends the ESA to introduce certain job posting requirements for “publicly advertised job postings”, including:

• a range of expected compensation for the position, subject to certain conditions, limitations, restrictions or requirements that will be prescribed by regulation;
• if applicable, a statement disclosing use of artificial intelligence to screen, assess or select applicants for a position, with certain exceptions to be prescribed by regulation; and
• a ban on including requirements related to Canadian work experience in the posting or in any associated application form, with certain exceptions to be prescribed by regulation.

Employers will also be required to retain or arrange for some other person to retain copies of every “publicly advertised job posting” for three years after access to the posting by the general public is removed. The definition of “publicly advertised job posting” will be prescribed by regulation.

It is important to note that these changes have not yet come into force and will come into force at a later date that is currently unknown.

Takeaway for Businesses

Treiber Law will continue to monitor Bill 149 and provide an update when the remaining legislative amendments come into force.  If you have any questions about how Bill 149 might impact your workplace, please contact Treiber Law at info@treiberlaw.ca

This article should not be relied on as legal advice or legal opinion.