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Wage & Hour law in Etobicoke, a community within the City of Toronto, falls under Ontario’s employment standards as defined by the Employment Standards Act, 2000 (ESA). These laws aim to establish the minimum standards for payment of wages, hours of work, overtime, vacation, public holidays, and other important elements of the working relationship between employers and employees. Both employees and employers are obliged to follow these standards, and violations can result in legal consequences. Understanding your rights and responsibilities is crucial to ensuring fair and lawful treatment in the workplace.
Navigating Wage & Hour issues can be challenging due to the complexity of employment law. Common situations where legal help may be needed include:
A lawyer experienced in Wage & Hour law can assist in filing a complaint, negotiating with your employer, or representing you before governmental agencies or courts.
Wage & Hour law in Etobicoke is governed primarily by the Ontario Employment Standards Act (ESA). Key aspects relevant to workers and employers include:
Some industries have special regulations or exemptions, so it’s important to check which rules apply to your specific situation.
The minimum wage is set by the province and updated regularly. As of October 2023, the general minimum wage in Ontario is $16.55 per hour, though rates vary for students, liquor servers, and certain other categories.
Most employees are entitled to overtime pay at 1.5 times their regular rate for hours worked in excess of 44 hours per week. Some professions or roles are exempt.
Employers may only make allowable deductions, such as statutory deductions (e.g., taxes), court orders, or those authorized in writing by the employee, such as benefit contributions. Unlawful deductions are not permitted.
Yes. After 12 months of employment, you are entitled to two weeks of vacation with at least 4% of your gross wages as vacation pay. This increases to three weeks after five years with the same employer.
You can pursue several options: start by addressing the issue directly with your employer. Failing resolution, you can file a claim with the Ontario Ministry of Labour or consult a lawyer for assistance.
You can file a complaint with the Ontario Ministry of Labour, either online or by mail. Having documentation (like pay stubs and work schedules) will strengthen your claim.
Most employees are eligible for public holiday pay, provided they work their scheduled shifts before and after the holiday unless they have a valid reason for absence.
Retaliation is illegal under the ESA. If you are terminated or punished for asserting your rights, you may have grounds for reinstatement or compensation. Legal assistance is recommended in these situations.
Generally, independent contractors are not covered by the ESA. However, if you are misclassified as a contractor instead of an employee, you may still be protected and eligible for ESA entitlements.
Yes. Claims for unpaid wages must usually be filed within two years of the alleged violation. Timeliness is important—delaying may limit your legal options.
If you need more information or assistance, the following organizations and resources can be helpful:
If you believe your Wage & Hour rights have been violated or you need clarification on your situation, here are steps to take:
Seeking timely legal advice can help protect your workplace rights and ensure fair treatment. Do not hesitate to get professional help if you have concerns about your wages or hours of work.
