On March 21, 2024, Bill 149, also known at the Working for Workers Four Act, 2024 was passed by the provincial legislature.

Building on the Working for Workers Act, 2021, 2022, and 2023, the legislation will expand protections for employees.

Changes to the Employment Standards Act

Significant changes will affect the job posting process for most employers, which will take effect on a date to be proclaimed: 

  • Employers will be required to post the expected salary range in any public job posting
  • Employers will be prohibited from requiring Canadian experience in a public job posting
  • Employers will be required to disclose any use of artificial intelligence their hiring process to “screen, assess or select applicants” for a position

With the enactment of Bill 149, there is further clarification to the Employment Standards Act, 2000. Initially, the Employment Standards Act made it illegal to deduct wages from an employee if the employer had a cash shortage, lost property or had property stolen. Bill 149 clarifies that this includes circumstances when a customer fails to pay for the goods and/or services at the employer’s establishment. 

Individuals in training, or participating in a trial period, will now formally be considered an employee as defined in the Employment Standards Act and will be entitled to compensation for any trial periods worked. 

Employers will also be required to pay employee gratuities via cash, cheque, or direct deposit. A cheque must be payable only to the employee and direct deposit must be made to an account that only the employee has access to. 

Employment-Law

What Other Changes Will Be Made? 

The coming changes to the Workplace Safety and Insurance Act, 1997 allows the Workplace Safety Insurance Board to adjust the amounts payable more than once a year, when new indexing factors present themselves. It also is improving the coverage for esophageal cancer coverage for firefighters and fire investigators. These changes are not yet in force and there is no date set for when this will happen.

Disclaimer: The materials above are for general information purposes only. This is not legal advice. This is not specific to any one company. This does not suggest any improper conduct on the part of a specific employer.

Authors: Jonquille Pak and Ava Clarke

Date: July 4, 2024

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