Best Wage & Hour Lawyers in Markham

About Wage & Hour Law in Markham, Canada

Wage & hour law in Markham, Ontario, is governed by provincial legislation under the Ontario Employment Standards Act, 2000 (ESA). These laws establish the minimum standards for payment of wages, working hours, overtime, vacations, and other conditions of employment. The goal is to ensure employees are fairly compensated for their work and to protect workers from unfair labour practices. If you work or employ others in Markham, understanding these regulations is vital to maintaining a lawful and respectful workplace.

Why You May Need a Lawyer

There are several situations where you may require legal assistance concerning wage & hour issues in Markham. Common scenarios include:

• Believing you have been underpaid or denied overtime pay
• Unpaid wages or withheld final pay after employment ends
• Misclassification as an independent contractor or exempt employee
• Issues with scheduling, unpaid breaks, or rest periods
• Disagreements over vacation pay, public holiday pay, or statutory entitlements
• Employer retaliation after making a complaint
• Complex payroll errors or employer bankruptcy

Local Laws Overview

In Markham, as part of Ontario, key wage & hour laws include:

• Minimum Wage: Employers must pay at least the minimum wage set by the province, updated regularly (as of October 2023, $16.55/hour for general workers).
• Hours of Work: The standard workweek is typically up to 44 hours. Overtime pay (1.5x regular rate) applies beyond 44 hours, with certain exceptions.
• Breaks and Rest Periods: Employees are entitled to a 30-minute eating break after 5 consecutive hours of work and at least 11 consecutive hours off between shifts in a workday.
• Public Holidays: Eligible employees are entitled to public holiday pay and, in some cases, premium pay if they work on a holiday.
• Vacation Pay: Employees are entitled to at least two weeks of vacation per year after 12 months of employment and corresponding vacation pay.
• Wage Protection: Employers cannot withhold or make unauthorized deductions from wages.
• Recordkeeping: Employers must keep detailed payroll and hours records for each employee.

Frequently Asked Questions

What is the current minimum wage in Markham?

The general minimum wage in Ontario, which applies to Markham, is $16.55 per hour as of October 2023. Some categories, such as students or liquor servers, may have different rates.

Am I entitled to overtime pay?

Yes. Most employees are entitled to overtime pay (1.5 times the regular wage) for hours worked beyond 44 in a week. Some positions, like managers or certain professionals, may be exempt.

What are my rights if my employer withholds my pay?

Employers cannot withhold or delay payment of wages. If this happens, you can file a claim with the Ontario Ministry of Labour or seek legal assistance.

How much vacation pay am I entitled to?

Employees are entitled to at least 2 weeks of vacation and 4% vacation pay per year after 12 months of employment. After 5 years, this increases to 3 weeks and 6% vacation pay.

Can my employer make deductions from my pay?

Only lawful deductions are permitted, such as statutory deductions (taxes, CPP, EI) or those authorized in writing by the employee. Unauthorized deductions are not allowed.

What should I do if I have not been paid for overtime?

Document your hours and discuss the issue with your employer. If unresolved, you may file a claim with the Ministry of Labour or consult a lawyer for further steps.

Am I an employee or an independent contractor?

The distinction depends on many factors, including degree of control and independence. Misclassification is common; a lawyer can help verify your status and rights.

Do I get paid for public holidays?

Most employees are entitled to public holiday pay; eligibility depends on meeting certain requirements, like working scheduled days before and after the holiday.

How do I make a wage & hour complaint?

You can file a complaint through the Ontario Ministry of Labour, which will investigate and may issue orders for unpaid wages. Legal advice is recommended for complex cases.

Can my employer fire me for asking about unpaid wages?

No. It is illegal for employers to retaliate against employees for exercising their rights under the ESA, including inquiring about or filing a wage claim.

Additional Resources

For more information or assistance with wage & hour matters in Markham, consider these resources:

• Ontario Ministry of Labour, Immigration, Training and Skills Development: Enforces employment standards and processes complaints.
• Employment Standards Information Centre: Provides guidance and answers employment-related questions.
• Legal Aid Ontario: Helps those who qualify with legal matters including employment law.
• Community Legal Clinics: Local clinics offer free legal advice for employment issues.
• Law Society of Ontario: Referral services to find qualified employment and labour lawyers.

Next Steps

If you have concerns or questions about wage & hour issues in Markham:

1. Document all relevant details, such as pay stubs, work schedules, and communications with your employer.
2. Attempt to address the issue directly with your employer, unless it is unsafe or inappropriate to do so.
3. If the issue remains unresolved, gather your information and seek legal advice:
• Contact a local employment lawyer, a community legal clinic, or the Employment Standards Information Centre for guidance.
4. Consider filing a claim with the Ontario Ministry of Labour if legal counsel advises you to proceed.
5. Stay informed about your rights and keep records of all related documents and correspondence throughout the process.