Browse through brief employment and labor law updates from around the globe. Contact a Littler attorney for more information or view our global locations.

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Ontario's Bill 88, Working for Workers Act, 2022 Becomes Law

New Legislation Enacted

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Shareholder – Littler

On April 11, 2022, Ontario’s Bill 88, Working for Workers Act, 2022 received Royal Assent and became law. Bill 88 enacts the new Digital Platform Workers’ Rights Act, 2022 (DPWRA), and amends the Employment Standards Act, 2000 (ESA), the Occupational Health and Safety Act (OHSA), and the Fair Access to Regulated Professions and Compulsory Trades Act, 2006 (FARPCTA). The DPWRA establishes foundational rights and protections for digital workers, i.e., gig workers. The ESA is amended to require most employers to ensure that they have a written policy in place for all employees with respect to electronic monitoring of employees. Included in OHSA amendments is a requirement that employers provide and maintain in good condition a naloxone kit in workplaces where they are aware, or ought to be aware, that there may be a risk of a worker having an opioid overdose. The FARPCTA is amended to require a regulated profession to make a registration decision within 30 business days of receiving an application from a “domestic labor mobility” applicant.

British Columbia’s Bill 10 – 2022: Labour Relations Code Amendment Act, 2022 Becomes Law

New Legislation Enacted

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Shareholder – Littler

On June 2, 2022, British Columbia’s Bill 10 – 2022: Labour Relations Code Amendment Act, 2022 received Royal Assent and became law making significant amendments to the province’s Labour Relations Code. Bill 10 provides for two possible paths to union certification (automatic or “card check” certification, or secret ballot vote), with the availability of each path depending on how much support exists within the bargaining unit. Bill 10 also provides employees in the construction sector with the right to switch unions annually.

British Columbia Court of Appeal Confirms Three Taxi Drivers Are Employees

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler

In a recent case, the British Columbia Court of Appeal upheld a determination by the Employment Standards Tribunal that three taxi drivers were employees. The court rejected the notion that a precise legal test should be applied universally to determine whether an individual is an “employee” or an independent contractor for purposes of the province’s Employment Standards Act. It decided that the central question is whether the person is performing services as a “person in business on his own account” and that to make the determination, a nonexhaustive list of factors should be considered in a contextualized manner.

Ontario Court of Appeal Declines to Resolve Whether Employees Laid Off During Pandemic May Claim Constructive Dismissal

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler

In a recent case, the employee appealed to the Ontario Court of Appeal (OCA) the lower court’s decision that Ontario Regulation 228/20 (IDEL Regulation) made under the Employment Standards Act, 2000 precludes an employee who was laid off during the pandemic from claiming constructive dismissal at common law. The lower court decision was decided on a motion under Rule 21.01(1)(a) of the Rules of Civil Procedure brought by the employer for the determination of a question of law before trial. The OCA dismissed the Rule 21 motion and remitted the action for determination before another judge in the lower court leaving the substantive question unresolved.

Ontario Appeal Court Decides Noncompetition Clause in Employment Agreement Governed by Common Law is Unenforceable

Precedential Decision by Judiciary or Regulatory Agency

Authors: Rhonda B. Levy, Knowledge Management Counsel, and Monty Verlint, Partner – Littler

The Ontario Court of Appeal recently dismissed an employer’s appeal of an application judge’s decision that a noncompetition clause in an employment agreement governed by the common law was unenforceable because it was ambiguous or overbroad.