Bill 148 is the law! Changes made to the Employment Standards Act on April 1, 2018 require: Equal Pay for Equal Work
As of April 1, 2018, employers will be required to pay casual, part-time, temporary or seasonal employees at the same rate as full-time employees if those employees perform the same type of work, in the same company. This requirement will extend to temp help agencies and as such, the term employee here will also include those contracted through temp help agencies.
Differences in pay between employees of different status will only be permitted where the difference in pay is made on the basis of:
- seniority,
- merit,
- earnings by quantity or quality of production (quota),
or any other factor other than sex or employment status. NOTE: “seniority” can not include the number of hours an employee works.
Employees, who believe they are not being paid equally, will be permitted to request a review of their rate of pay with their respective employer. Employers who receive such a request will be required to provide a written response setting out the disclosed rate of pay and reasons they may agree or disagree.
It is important to note that collective agreements which permit differences in pay that conflict with the requirement of equal pay for equal work will prevail until January 1, 2020 or the expiry of the agreement, whichever is earlier.
If you would like to discuss how Bill 148 has changed the Employment Standards Act in Ontario, how it will affect your company and how it’s implementation will directly affect pay equity for our province, Contact Us to schedule a call.
