According to a recent report published by an association dealing with the employment law in Canada, many businesses or companies are violating the employment laws by just trying to be nice to their employees. The problem comes in when the laws differ from one place to another in the country. However, some of these mistakes are prohibited by the national law and are universal. Let us look at the ways a business may break the laws as well as how to comply with the laws.
1. Classification of employees as Exempt
Regardless of the number of hours you work in a week, an exempt employee is paid a specific amount of money. Under the Canada employment laws, such positions can be exempted from requirements for overtime as well as breaks and meals. Some positions can also be exempted from overtime access. Employees who do not qualify for such positions in the company or business are classified as non-exempt. They are, therefore, subject to meal breaks and overtime. The employer raises a problem when they think it is easier to pay a fixed amount of salary for employees. Many employees seek an employment lawyer to sue their employers for workplace issues such as work rights associated with rest periods and meals.
2. Classification of Employees as Independent Contractors
This is a ripe law area that can attract immediate litigation classified with the wrongful termination and unfair dismissal. You can also get trouble with tax issues. You can have your employee happy to be an independent contractor until benefits and money such as disability, worker’s benefits, and paid leave to become issues. Consider understanding the difference between an employee and an independent contractor.
3. The Flexible Lunch Break
Whine the country’s general laws require the employees to get coffee and lunch breaks, certain parts of the country require you to get a 30-minute coffee break for the independent contractors. Moreover, they are entitled to breaks for hours they spend at work everyday. After working for five hours, you are required to give the employee a lunch break. You will break the law if you give them an option to get out of work early by skipping lunch. Refer to the labor laws for more information.
4. Not providing discrimination or harassment training to supervisors or managers
Regional laws vary on whether the law requires discrimination or harassment training. Certain regions in the country mandate it. On the other hand, you are not required to offer these training for certain states. Your best defense against discrimination or harassment complaint is the training you issue to the supervisors. Again, you can also refer to the harassment training session with your regional labor offices.
5. Letting Employees Decide some Hours to work in a Day
The state laws restrict the number of hours an employee can work without any overtime payment. If you are working with employees to dictate the time they spend at work for a day without the overtime payment, then you may be at loggerheads with the labor laws in the country. You may end up incurring overtime payment as well as back pay for all the time you allowed them to schedule their services. When it comes to payment and scheduling, check out the regional laws before you land into major problems in your business or company.
6. Terminating Employees for Taking an Absence Leave
The employment law in Canada protects all employees from being fired for taking the medical or family leave in the country. Serving in a jury duty or a military leave does not land you to be fired. When you want to fire an employee, ensure you are doing it legally. Seek the advice of an employment lawyer. You can learn more information at Whitten & Lublin.