Key Proposed Changes Under Bill 149

On November 14, 2023, Ontario introduced the Working for Workers Four Act, 2023, ("Bill 149"), which proposes to provide expanded protections for employees.

KEY PROPOSED CHANGES UNDER BILL 149

1. TRANSPARENT JOB POSTINGS

Bill 149 proposes to amend the current Employment Standards Act, 2000 ("ESA") to require "publicly advertised job postings" to comply with the following:

State expected salary range for the role;

Set out the extent to which the employer is using artificial intelligence to assist in selecting applicants for the posted position; and

Prohibition on requiring Canadian work experience, unless permitted by law.

2. COMPENSATION DURING TRIAL PERIODS

Employers would be obligated to compensate employees for any work conducted during trial periods, aligning with existing requirements for the time an employee spends training.

3. PROHIBITION OF THEFT-RELATED DEDUCTIONS

Employers would be prohibited from deducting money from employee wages due to customer non-payment. This would apply to restaurants, gas stations, and other businesses where a customer leaves without paying.

4. TIP-SHARING POLICY DISCLOSURE

In establishments where employees have to share tips, for example in a restaurant, employers must post their tip-sharing policy in at least one place where their employees are likely to see it, such as a break room.

5. ENHANCED WORKPLACE SAFETY AND INSURANCE BOARD (WSIB) BENEFITS

Bill 149 would ensure that the quantum of available WSIB benefits for injured workers is indexed above the annual rate of inflation.

6. RESTRICTIONS ON NON-DISCLOSURE AGREEMENTS (NDAS)

Bill 149 intends to consult on the appropriateness of NDAs in settlements where employees are making allegations of workplace sexual harassment, misconduct, or violence against a fellow employee(s) or employer(s).

7. JOB-PROTECTED LEAVE FOR CRITICAL ILLNESSES

Bill 149 aims to consult on establishing job-protected leave for critical illnesses, mirroring the duration of federal employment insurance (EI) sickness benefits (26 weeks).

TAKEAWAYS

Bill 149, if passed, will further expand employee protections and constrict the actions of employers. Our team at Lerners will continue to monitor developments in employment law. We would be pleased to advise employees and employers who will have to navigate any forthcoming legislative changes.