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Top 5 Employment Law Updates in 2016 & How They Impact You [Shared]

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Ali Alatas

on 16 December 2016

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Transcript of Top 5 Employment Law Updates in 2016 & How They Impact You [Shared]

Top 5 Employment Law Updates in 2016
Training Thursdays
Tuesday December 20, 2016
9:00AM to 9:30AM EST
5 Employment Law Updates in 2016
Webinar Overview
Workplace Sexual Harassment - Bill 132
Wilson v. Atomic Energy of Canada Ltd
Overtime Class Action Lawsuits
Medical Marijuana and the Workplace
Employee Conduct Outside of Work
Practical and precise employment law solution
Workplace Sexual Harassment Legislation (Bill 132)
Thursday January 19th – 9:00AM to 9:30AM
Top 5 Common Employment Contract Errors and How to Fix Them
Next Webinar
Practical and precise employment law solution
Thank You for Attending!
& How They Impact You
& How They Impact You
The 2016 Top 5
Bill 132 became law on September 8, 2016 and amends the
Occupational Health and Safety Act
Enhances Bill 168 (Workplace Violence and Harassment legislation, which became law in June 2010)
Wilson v. Atomic Energy of Canada Ltd
July 14, 2016 decision of Supreme Court of Canada
Gives non-unionized federally regulated workers job protections similar to those of unionized workers
Enables federally regulated employees whose employment is terminated to make ‘unjust dismissal’ complaint under the Canada Labour Code
Overtime Class Actions
$60M class-action lawsuit launched in November 2016 by GoodLife Fitness employees
Under the ESA, most employees are entitled to overtime for work in excess of 44 hours per week
Overtime pay is 1½ times the employee's regular rate of pay
Employees have 2-years to claim unpaid overtime
Medical Marijuana and the Workplace
75,000 Canadians authorized to use medical marijuana
Employers have a duty to accommodate an ill/disabled employee to the point of undue hardship
Employers must also strike a balance between accommodating an ill/disabled employee while maintaining a safe work environment
Employee Conduct Outside the Workplace
Increased opportunities to record employee conduct outside of work
Employer's disciplinary power may extend to conduct outside of the workplace and after working hours, where there is a reasonable connection between the conduct and the workplace
Best Practices
Revise harassment policy and program to comply with Bill 132
Include anti-harassment and violence awareness training for your employees
Update your harassment and violence complaint mechanism to:
Include investigations of all complaints
Feedback to the complainant and respondent about the investigation
Best Practices
NOTE applies to federally regulated workplaces only
Create objective, business based criteria when carrying out employee terminations
Centralize decision making of employee terminations
Best Practices
Complete an overtime classification audit of all roles within your organization
Implement an overtime/hours of work policy and program that carefully manages when non-exempt employees work in excess of 44 hours per week
Best Practices
Require an employee to report any impairment resulting from prescription medication
Require a physician's note detailing the level of impairment experienced by the employee
If prohibiting use of marijuana:
policy must be rationally connected to the job function being performed;
policy must be adopted in good faith; and
policy must be reasonably necessary to accomplish that purpose or goal.
Best Practices
Exercise this disciplinary power with caution
Use only in the most clear circumstances and for reprehensible conduct, such as
safety sensitive situations;
repugnant behavior that could damage to your organization’s reputation;
Misconduct which goes to the root of the employment relationship
Full transcript