Issued: September 30, 2016

Some employees are at greater risk than others of not receiving their employment standards entitlements. They may also lack the ability and/or resources to understand their rights under the Employment Standards Act, 2000 (ESA).

From May 2 to June 30, 2016, Ministry of Labour, Training and Skills Development employment standards officers conducted two simultaneous blitzes focusing on:

  • young workers
  • temporary foreign workers

The Ministry of Labour, Training and Skills Development considers young workers to be employees under age 25 and temporary foreign workers to be those who have obtained work in Ontario through the federal Temporary Foreign Worker Program.

The goal of these blitzes was to educate employers and promote compliance with the ESA in sectors that often employ these vulnerable workers.

Overview

Workplaces visited during both blitzes included sectors known to employ young workers and temporary foreign workers where there has been a history of non-compliance, including:

  • food services
  • retail trade
  • construction
  • other sectors known to employ young workers and temporary foreign workers

In both blitzes, employment standards officers checked to see if employers were complying with core ESA standards, with a particular focus on:

  • record keeping
  • hours of work
  • overtime pay
  • vacation with pay
  • minimum wage
  • public holidays

Officers delivered educational packages to every workplace inspected during the blitzes which included:

  • The Employment Standards Poster and
  • A document featuring links to a number of educational resources available on the ministry’s website.

Results

Young Worker Blitz – May 2 to June 30, 2016

273 inspections were completed:

  • 42 employers were compliant and no violations were found
  • 231 employers not compliant
  • 863 compliance “tools” (e.g., Compliance Order, Notice of Contravention or Part 1 Ticket) were issued.
  • 98% of the monies owing to employees assessed during the blitz were paid voluntarily by the employer.
  • Over $276,000 was recovered for employees.
  • The most common monetary violations were for:
    • public holiday pay
    • vacation pay
    • overtime pay
  • The most common non-monetary violations were for:
    • record keeping
    • hours of work – excess daily/weekly
    • vacation pay – written agreements

Temporary Foreign Workers Blitz – May 2 to June 30, 2016

70 inspections were completed:

  • 27 employers were compliant and no violations were found
  • 43 employers not compliant
  • 102 compliance “tools” (e.g., Compliance Order, Notice of Contravention or Part 1 Ticket) were issued.
  • 100% of the monies owing to employees assessed during the blitz were paid voluntarily by the employer.
  • Over $18,000 was recovered for employees.
  • The most common monetary violations were for:
    • public holiday pay
    • vacation pay
    • overtime pay
  • The most common non-monetary violations were for:
    • record keeping
    • hours of work – excess daily/weekly
    • vacation pay – written agreements

Compliance enforcement summary

An employment standards officer can issue a non-monetary compliance order if the officer finds that the employer has contravened the ESA. The officer can order an employer or other person to stop contravening a provision and to take certain steps to comply.

In total, officers issued:

  • 779 compliance orders during the young worker blitz and
  • 86 compliance orders during the temporary foreign workers blitz.

Where monetary contraventions are found and voluntary compliance is not achieved, an officer issues an order to pay wages. Two orders to pay wages were issued during the young workers blitz.

Officers also issued tickets under Part I of the Provincial Offences Act to some employers during the blitzes. The tickets included a fine of $295 plus a victim fine surcharge.

In total, officers issued:

  • 78 tickets during the young worker blitz and
  • 12 tickets during the temporary foreign workers blitz.

Employment standards officers have the power to issue notices of contravention with prescribed penalties starting at $250 when they believe an employer has contravened a provision of the ESA. Officers issued 4 notices of contravention during the young workers blitz.