February 26, 2015
As of February 20, 2015, the Employment Standards Act, 2000 (“ESA”) has eliminated the ceiling on the amount that employees can claim for wages owed. Employees also now have up to two years to recover those wages.
Employers should also be aware that as of May 20, 2015, there will be new requirements regarding the distribution and posting of the Ministry of Labour’s informational poster.
Elimination of Wage Cap and Extension of Time Limit for Wage Recovery
The ESA has been amended to eliminate the $10,000 cap on the recovery of wages that the Ministry of Labour can order an employer to pay. It has also increased the period of recovery from six (6) months to two (2) years.
However, the previous cap and time limit under the ESA still applies to wages owed before February 20, 2015.
These amendments bring Ontario in line with other Canadian jurisdictions that have removed caps and set longer time limits for employees to recover wages.
New “Posting” Requirements
Effective May 20, 2015, new requirements will be in force regarding the distribution and posting of the Ministry of Labour’s informational poster. Employers must:
Previously, the ESA only required employers to post the informational poster in one conspicuous location at the workplace.
Employers will have 30 days following May 20, 2015 to comply with these new requirements.
If you have any questions regarding these, and any other amendments to the Employment Standards Act, 2000 please contact your Mathews Dinsdale lawyer.
For more information on new developments in Workplace Law, please refer to our website at: http://www.mathewsdinsdale.com/news-events/in-a-flash/
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