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The Ontario government passed the Working for Workers Four Act, 2023, on Thursday, which imposes changes to workplace laws that impact Ontario employers.
According to my read of the amendments, here are the most important updates employers will need to address immediately.
Disclosure of use of artificial intelligence: Using AI to screen or assess applicants for a position? The new Act requires employers disclosing this fact to candidates in the posted job description.
Job Postings: Any business posting for a job is now required by the Act to include an expected salary or wage range for each position. Employers are now prohibited from requiring Canadian experience in a publicly advertised job posting. Employers must also keep a copy of all job postings for three years after taking them down publicly or filling the role.
No more unpaid trial shifts: Service and restaurant workers can rest easy knowing employers can no longer use a “trial shift” as a form of interview. If employers want to test out an employee’s skill set, the trial shift must be paid.
Anticipated restrictions on non-disclosure agreements: While new law has not yet passed on this, the government announced it has launched a consultation into restricting the use of NDAs in the settlement of workplace sexual harassment and misconduct. This suggests that employers facing claims of this kind should proceed with particular caution.
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These changes to employment legislation are not, on their own, groundbreaking, but more importantly, they are harbingers of what’s to come.
Firstly, regulation of AI in the workplace is beating down our proverbial door.
I have previously written about how artificial intelligence platforms in the workplace carry their own biases. These biases may manifest into discriminatory hiring decisions. Correspondingly, requiring employers to publicly disclose AI use opens up untold liability for employers.
For example, if AI platforms prefer one class of employee (i.e. young and single) versus another (older with childcare obligations), employers would have a lot of answering to do.
Second, requiring employers to post public salary ranges is a small but important first step to pay equity in workplaces. In large part, compensation is often a big, messy secret for employers. It is the skeleton in every company’s closet.
That’s because most employers have no fixed compensation rubric. Businesses often are prone to assessing an employee’s relative “worth” and setting compensation based on subjective factors. For example, an employer may be more incentivized to pay a younger, unmarried employee a higher compensation package because they are more “likely” to succeed and drive results.
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This type of practice is not only a morale drag but can be discriminatory. It is only a matter of time before employers will be faced with pay equity claims for failing to remove the subjectivity from compensation. Posting salary ranges help potential candidates get a fairer shake on their way in. Instead of guessing what the job pays, candidates can expect to land somewhere in the range.
Now, while these changes may seem boring, and something of a nothing burger, there are real implications if employers ignore these minor changes to the law.
It’s not the government or an enforcement officer that will point out your violations of new legislation, it will be another lawyer that will spring them upon you when you’re most vulnerable.
Employment lawyers have been trained to scour termination letters, employment agreements and workplace policies to find even the most seemingly trivial or technical breach of the employment standards act. When representing a terminated employee, good employment lawyers will identify every breach of the act they can find to leverage their client’s position.
And while some judges may not fully grasp the intent of our provincial employment legislation, the fact is that our courts are more readily awarding serious damages against employers for these technical breaches.
It’s worth it to update your workplace documents when changes to law are rolled out. Reactive measures are almost always more costly than preventative ones.
Have a workplace issue? Maybe I can help! Email me at sunira@worklylaw.com.
The content of this article is general information only and is not legal advice.
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The Ontario government passed the Working for Workers Four Act, 2023, on Thursday, which imposes changes to workplace laws that impact Ontario employers.
According to my read of the amendments, here are the most important updates employers will need to address immediately.
Disclosure of use of artificial intelligence: Using AI to screen or assess applicants for a position? The new Act requires employers disclosing this fact to candidates in the posted job description.
Job Postings: Any business posting for a job is now required by the Act to include an expected salary or wage range for each position. Employers are now prohibited from requiring Canadian experience in a publicly advertised job posting. Employers must also keep a copy of all job postings for three years after taking them down publicly or filling the role.
No more unpaid trial shifts: Service and restaurant workers can rest easy knowing employers can no longer use a “trial shift” as a form of interview. If employers want to test out an employee’s skill set, the trial shift must be paid.
Anticipated restrictions on non-disclosure agreements: While new law has not yet passed on this, the government announced it has launched a consultation into restricting the use of NDAs in the settlement of workplace sexual harassment and misconduct. This suggests that employers facing claims of this kind should proceed with particular caution.
Subscribe now to read the latest news in your city and across Canada.
Subscribe now to read the latest news in your city and across Canada.
Create an account or sign in to continue with your reading experience.
These changes to employment legislation are not, on their own, groundbreaking, but more importantly, they are harbingers of what’s to come.
Firstly, regulation of AI in the workplace is beating down our proverbial door.
I have previously written about how artificial intelligence platforms in the workplace carry their own biases. These biases may manifest into discriminatory hiring decisions. Correspondingly, requiring employers to publicly disclose AI use opens up untold liability for employers.
For example, if AI platforms prefer one class of employee (i.e. young and single) versus another (older with childcare obligations), employers would have a lot of answering to do.
Second, requiring employers to post public salary ranges is a small but important first step to pay equity in workplaces. In large part, compensation is often a big, messy secret for employers. It is the skeleton in every company’s closet.
That’s because most employers have no fixed compensation rubric. Businesses often are prone to assessing an employee’s relative “worth” and setting compensation based on subjective factors. For example, an employer may be more incentivized to pay a younger, unmarried employee a higher compensation package because they are more “likely” to succeed and drive results.
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This type of practice is not only a morale drag but can be discriminatory. It is only a matter of time before employers will be faced with pay equity claims for failing to remove the subjectivity from compensation. Posting salary ranges help potential candidates get a fairer shake on their way in. Instead of guessing what the job pays, candidates can expect to land somewhere in the range.
Now, while these changes may seem boring, and something of a nothing burger, there are real implications if employers ignore these minor changes to the law.
It’s not the government or an enforcement officer that will point out your violations of new legislation, it will be another lawyer that will spring them upon you when you’re most vulnerable.
Employment lawyers have been trained to scour termination letters, employment agreements and workplace policies to find even the most seemingly trivial or technical breach of the employment standards act. When representing a terminated employee, good employment lawyers will identify every breach of the act they can find to leverage their client’s position.
And while some judges may not fully grasp the intent of our provincial employment legislation, the fact is that our courts are more readily awarding serious damages against employers for these technical breaches.
It’s worth it to update your workplace documents when changes to law are rolled out. Reactive measures are almost always more costly than preventative ones.
Have a workplace issue? Maybe I can help! Email me at sunira@worklylaw.com.
The content of this article is general information only and is not legal advice.
Postmedia is committed to maintaining a lively but civil forum for discussion. Please keep comments relevant and respectful. Comments may take up to an hour to appear on the site. You will receive an email if there is a reply to your comment, an update to a thread you follow or if a user you follow comments. Visit our Community Guidelines for more information.
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© 2024 Winnipeg Sun, a division of Postmedia Network Inc. All rights reserved. Unauthorized distribution, transmission or republication strictly prohibited.
This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Service and Privacy Policy.
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