Ontario Passes Working For Workers Four Act – Employee Rights/ Labour Relations

On March 21, 2024, the Government of Ontario passed the
Working for Workers Four Act (“Act”),
which brings further changes to workplace legislation. This is the
fourth consecutive year the Government of Ontario has implemented
changes to workplace legislation – as employers responded to
new rules and requirements in 2023 via the Working for Workers Act, 2023, in 2022
via the Working for Workers Act, 2022, and in
2021 via the Working for Workers Act, 2021.

This bulletin provides a summary for employers of some of the
noteworthy changes:

Obligations and Prohibitions Relating to Publicly Advertised
Job Postings

The Act establishes a new section of the Employment
Standards Act, 2000 (“ESA”), that sets out the
following obligations and prohibitions relating to publicly
advertised job postings:

• Publicly advertised job postings must include the expected
  compensation, or range of expected compensation for the
  position.




• If an employer publicly advertises a job posting and uses
  artificial intelligence (“AI”) to screen, assess or
  select applicants for the position, the employer is required to
  include a statement in the job posting disclosing the use of
  AI.




• Employers are prohibited from requiring Canadian experience in
  a publicly advertised job posting or any associated application
  form.




• Employers must retain copies of every publicly advertised job
  posting and any associated application form for three years after
  access to the posting by the public is removed.

These changes are not currently in force and will become
effective on a date to be proclaimed by the Lieutenant
Governor.

Strengthened Wage Protections for Restaurant, Hospitality and
Service Workers

Several changes to the ESA have been implemented to strengthen
wage protections for restaurant, hospitality and service workers,
including:

• Clarifying that employers cannot deduct or withhold an
  employee’s wages in the event of a “dine and dash,”
  “gas and dash” or any other theft by a customer of
  property or services.




• If the employer (or a director or shareholder of the employer)
  shares in the pooling of tips or gratuities (something that is only
  permitted if they perform the same work as their staff), the
  employer must post a copy of the tips sharing policy in the
  workplace and retain a copy of the policy for three years after it
  ceases to be in effect.




• Employers must pay employee tips or gratuities only by cash,
  cheque payable to the employee, or by direct deposit to the
  employee.

The changes relating to tips and gratuities will come into force
on June 21, 2024. The change clarifying the prohibition on the
deduction or withholding of an employee’s wages is now in force
and effective immediately.

Additional Changes to the ESA Regarding Vacation Pay and Unpaid
Trial Shifts

• Effective June 21, 2024, a written agreement is required if an
  employer intends to pay vacation pay by any method other than in a
  lump sum before the employee commences their vacation.




• Effective immediately, unpaid trial shifts are banned, as the
  definition of “employee” has been amended to define
  “training” as including work performed during a trial
  period.

Amendments to the Workplace Safety and Insurance Act,
1997 (“WSIA”)

The Act has also implemented amendments to the WSIA aimed at
supporting injured workers, which include:

• Enabling additional “super indexing” increases to
  Workplace Safety and Insurance Board benefits above the annual rate
  of inflation.




• Establishing that where firefighters and fire investigators are
  afflicted by primary-site esophageal cancer, the disease is
  presumed to be an occupational disease unless the contrary is
  shown.

These changes are not currently in force and will become
effective on a date to be proclaimed by the Lieutenant
Governor.

Additional Changes

The Fair Access to Regulated Professions and Compulsory
Trades Act, 2006, has been amended to provide that prescribed
requirements must be met to determine whether a regulated
profession assesses qualifications in a way that is transparent,
objective, impartial and fair.

There are also minor amendments to the Digital Platform
Workers’ Rights Act, 2022.

Next Steps for Employers

Employers should review their hiring and onboarding practices
immediately given the changes to job advertisements noted above.
Additionally, those employers in the restaurant, hospitality and
service industry should ensure that their payroll practice has been
updated to reflect the new protections on wages. Finally, employers
who pay employees vacation pay by any method other than in a lump
sum before the employee commences their vacation should ensure that
they have written agreements to do so before June 21, 2024.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.