Employment Law - Final Test || A Verified A+ Pass.
There are no reprisals for employees who correct answers exercise rights under the Employment
Standards Act
The Employment Standards Act (ESA) helps control the correct answers inequality of bargaining
power
The ESA covers correct answers 1. Wages
2. Records
3. Hours of work
4. Vacation
5. Holidays
6. Overtime
7. Minimum Wage
8. Leaves
9. Termination and Severance
10. Equal pay for equal work
11. Benefits plans
Essential Aspects of the Employment Standards Act correct answers 1. Application of the Act
2. Basic Wage and Information Requirements
3. Agreements to Vary
4. Minimum Standards
5. Minimum Requirements re: Termination
6. Administration of Enforcement
7. Role of the Agent/Paralegal
8. Summary
Some employment relationships are not covered correct answers (governed by Federal law) or
exempted from the Employment Standards Act
Some employment relationships are only covered correct answers by parts of the Employment
Standards Act
- police officer only lie detector section applies
The ESA does not cover the employee if the employee works for an employer covered by correct
answers Federal jurisdiction such as inter-provincial trucking, inter-provincial railways or inter-
provincial bus lines, banks, airlines, radio and television stations, the Federal service, or post
offices
Ontario Regulation 285/01 Exemptions, Special Rules and Establishment of Minimum Wage
Contents are regulations that set out different rules for each exception. Which are these
regulations correct answers 1. Exemptions re various parts of the act
2. Special Rule re Emergency Leave
3. Exemptions re Hours of Work and Eating Periods
,4. Establishment of Minimum Wage
5. Exemptions re Minimum Wage
6. Exemptions re Overtime Pay
7. Exemptions re Public Holidays
8. Exemption re Retail Business Establishments
9. Special Rules re Homemaker
10. Special Rules re Homeworkers
11. Special Rules and Exemptions re Overtime Pay
12. Special Rules re Domestic Workers
13. Special Rules re Residential Care Workers
14. Special Rules re Fruit, Vegetable and Tobacco Harvesters
15. Special Rules re Commission Automobile Sales Sector
16. Special Rule re Employees Who May Elect to Work or Not
17. Director's Approvals
18. Exemption re Certain Existing Arrangments
The ESA applies to correct answers Section 3: "Employee"
1. Employee whose work is performed in Ontario
2. Employee who's work is performed in Ontario and outside Ontario provided it is a
continuation of work performed in Ontario
Who is an "Employee" (section 1 definitions) correct answers An "Employee" performs work
for, or supplies services to, an employer, and includes a homeworker
Who is NOT an employee correct answers A manager or supervisor
Managers and supervisors have no protection for correct answers overtime pay
"Employer" includes correct answers owner, manager, etc., who has control or direction, or is
directly or indirectly responsible for, the employment of a person
Managers and supervisors correct answers may not be entitled to some of the protections under
the ESA
The legal test for determining whether is an employee is a manager or supervisor is confirmed in
which case correct answers Kristine Bowes v Code's Mill on the Park
Test to establish whether or not an employee is a manger or a supervisor correct answers 1. Was
the employee's work managerial or supervisory in character, and if so,
2. Did the employee perform non-supervisory or non-managerial tasks (just) only on an irregular
(as opposed to regular) basis
** If yes to BOTH questions then the exception APPLIES and the employee IS a manager or
supervisor
The Kristina Bowes v Code's Mill on the Park case is about correct answers - An employee
promoted to manager
,- Question: Manager or employee
- Court found in favour of the employER because the applicant's evidence was more focused on
managerial duties and she should have focused more on employee duties
When determining if a person is an employee or manager/supervisor the title of the positions is
correct answers irrelevant. The court focuses on the substance of the employment duties
What are some examples of section 3 exceptions under the ESA correct answers 1. Federal
jurisdiction
2. Diplomatic personnel
3. employees of the Crown (a few exceptions)
4. Students in work experience programs
5. Inmates
6. Politicians, Religious Officers, Judiciary
7. Police officers (except for lie detectors)
** Police officers are subject to the exemptions regarding lie detectors
Employees who are exempted or excluded from certain parts of the RTA correct answers A)
Employees excluded from hours of work and overtime pay provisions (manager/supervisors)
B) Employees excluded from hours of work, overtime pay, minimum wage, paid public holidays
and vacation pay (professional employees, such as accountants, lawyers and paralegals, as well
as farm workers)
C) Employees excluded from "most" sections of the Act (Government)
Examples of Employees excluded from hours of work and overtime pay provisions correct
answers Managers and supervisors
Examples of Employees excluded from hours of work, overtime pay, minimum wage, paid
public holidays and vacation pay correct answers professional employees, such as accountants,
lawyers and paralegals, as well as farm workers
Examples of Employees excluded from "most" sections of the Act correct answers Government
Employers, regardless of size, have positive obligations to: correct answers A) Record keeping
B) Posting information
C) Wages
Employers have a positive obligation for record keeping, which entails correct answers - Name,
address, commencement date, hours of work, pay, vacation
- Must be kept for three years
- Pupose: To assist in resolving any disputes
Employers have a positive obligation for posting information, which entails correct answers
Conspicuously display a poster prepared by the Ministry of Labour that provides information
about the Act and its regulations
, What is the purpose of an Employer's Record keeping? correct answers to assist in resolving any
disputes
If employers do not have the appropriate information in regard basic wage and information
requirements, the courts will correct answers rule in the employee's favour
Employers have a positive obligation for the employees wages, which entails correct answers -
Regular pay period and pay day must be established
- Payment of outstanding wages, vacation pay upon termination
- Must give info on how wages are calculated
Can an Employer withhold or deduct money from a paycheque correct answers Only in 3
situations
1. When obligated by a statute (I.T., C.P.P.)
2. Obligated by court order (garnishment)
3. With proper authorization, can deduct for cash shortage if the employee is the only person
with access and total control over the cash
Agreements to vary relate to correct answers allowing variance from the ESA
Generall, cannot opt out of correct answers employment standards under the ESA
2001 - Employers and Employees may enter into agreements to vary from the legislated
minimum standard in 4 ways: correct answers 1. To exceed the daily and weekly maximum
hours - but, requires approval of MOL
2. To average hours of work for overtime pay purposes - but, requires approval of MOL
(overtime average agreements)
3. To compensate overtime hours with time off in lieu
4. To take vacation time in increments of less than 1 week
2004 - To exceed 48 hours per week, but requires correct answers approval of MOL (s. 17.1)
To enter into "averaging agreements" regarding correct answers overtime pay, but requires
approval from the MOL
Minimum Employment Standards correct answers 1. Minimum Wage
2. Equal pay for Equal Work
3. Hours of Work and Breaks
4. Overtime
5. Vacation
6. Public Holidays
7. Leaves of Absence
8. Lie Detector Tests
9. Termination of Notice and Severance Pay
