Category Archives: Employment Standards

These entries describe compliance requirements for Canadian employment standards.

Payroll Dates

In payroll, everything is about dates. Of course, not dates, as in couples or fruit, but dates as in 24 hour time periods. There are two basic types of dates used in payroll: dates used to define employee demographics and … Continue reading

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Disconnect between EI insurable earnings and hours for statutory holidays

Employment standards drive what employees must be paid for statutory holidays – either for entitlement to the holiday itself or for actual work on the holiday. Every employment standards jurisdiction in Canada requires that statutory holiday pay, the entitlement to … Continue reading

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When does employment end – What is employment versus other income?

A number of recent postings to Canadian HR and payroll related LinkedIn groups, have raised questions about classifying earnings as either income from employment (wages in lieu of notice) or as other income (retiring allowance). In part, these postings also … Continue reading

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How to interpret the Ontario employment standards definition of “work”

Hourly paid employees have to get paid for each hour they work. You wouldn’t think there could be much controversy over that. However, like many other aspects of payroll, the devil is in the details and here the details are … Continue reading

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The risks of treating employees as self-employed contractors

The CBC reported this week that Shaw Communications was found to have broken the federal Canada Labour Code, in relation to two persons who formerly worked at one of its smaller Vancouver business units. The business unit treated the two … Continue reading

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How to calculate overtime for salaried employees in Ontario

I was recently asked this question about overtime for salaried employees in Ontario. If the regular hours of work are 37.5 and employees work past the overtime threshold of 44 hours per work week, how are the hours between 37.5 … Continue reading

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Pay Equity and What it is Not

I moderated a seminar on pay equity in Ontario on February 21, 2013, and one of the speakers made an interesting point about what pay equity is not. The speaker, Veronique Soldini, of the Ontario Pay Equity Commission, made the … Continue reading

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Are you sure you know what “wages” are?

The term “wages” appears widely throughout Canadian employment standards. For example, all federal and provincial employment standards require employers to calculate vacation pay based on the “wages” earned by employees. But how are payroll professionals to know for certain the … Continue reading

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Which province has jurisdiction over this work?

Brent is an Ontario resident. His employer is incorporated under the Canada Corporations Act and carries on business in most provinces across Canada. The employer is provincially regulated, for employment standards purposes. Brent normally works out of the employer’s Ottawa … Continue reading

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Overtime rates on commissions or other incentive earnings

For most employees paid by the hour, or even on a fixed salary, overtime rates are based on an employee’s regular hourly rate. But what happens when employees aren’t just paid on the basis of time? How are overtime rates … Continue reading

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