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When is a Salesperson an “Employee” Under Employment Standards Laws?

When is a Salesperson an “Employee” Under Employment Standards Laws?

A person is retained by Company X to sell newspaper subscriptions door-to-door.  She is driven to a neighbourhood at a set hour, given a list of addresses and a script.…

Maryland Legislates Ban on Employers Requesting Facebook Passwords

Maryland Legislates Ban on Employers Requesting Facebook Passwords

I’ve done several posts lately on the question of whether an employer can demand job applicants provide their passwords to Facebook.  My take was that it would be a violation…

Is it the City of Toronto’s Job to Police Working Conditions of its Contractors?

Is it the City of Toronto’s Job to Police Working Conditions of its Contractors?

Yesterday, Toronto’s Council voted overwhelmingly to add new checks and balances on what happens to City work that is contracted out to private businesses. The move is another in a…

Does the ESA Require Employers to Explain How Much “Reasonable Notice” a Dismissed Employee is Entitled To?

Does the ESA Require Employers to Explain How Much “Reasonable Notice” a Dismissed Employee is Entitled To?

Here’s a fun legal question about the ESA. Employees dismissed in Canada are entitled to two types of notice of termination: (1)  minimum notice of termination defined in employment standards…

Is Driving Your Employer’s Vehicle While Intoxicated Cause for Summary Dismissal?

Is Driving Your Employer’s Vehicle While Intoxicated Cause for Summary Dismissal?

Here’s a good review for my employment law students cramming for next week’s final. Recall that under the Canadian common law model, an employer can dismiss an employee at any…

Human Rights Game: Does this Toronto Star Job Ad Violate Human Rights Code?

Human Rights Game:  Does this Toronto Star Job Ad Violate Human Rights Code?

My Employment Law students are busy cramming for the exam, probably looking at human rights issues in employment.  A game I like to play on this blog occasionally is Find…

Bad Employers for November, December 2011

Bad Employers for November, December 2011

Sadly, there’s a new batch of employers on the MOL’s shame list, this time for the months of November and December 2011.  These are employers who violated the ESA and…

Ontario’s Budget: Would a Legislated Wage Freeze Violate the Charter?

Ontario’s Budget: Would a Legislated Wage Freeze Violate the Charter?

This isn’t a political blog, but obviously politics influence the law of work.  We see an example of this every time a government introduces a budget, but some budgets have…

A Notice Clause in an Employment Contract is Void if it Might Violate ESA

A Notice Clause in an Employment Contract is Void if it Might Violate ESA

In my employment law course, we discuss the SCC decision in Machtinger v. HOJ Industries for the proposition that a notice of termination clause in an employment contract is void…

Dan Michaluk (Hicks Morley) on Employers Requiring Facebook Passwords

Dan Michaluk (Hicks Morley) on Employers Requiring Facebook Passwords

This is probably my final word on the issue of whether employer’s can demand Facebook passwords from job applicants.  However, there is a new very interesting post by Hicks Morley’s…