Workplace Law Trends for 2022

Welcome to 2020 Two! It’s hard to believe we’ve been living through a pandemic for nearly 2 years. Workplaces are beyond worn out, stress leaves and harassment complaints continue to increase, parents are juggling remote learning and limited activities for kids once again, and many workplaces struggle to find people to fill the roles. 

Yes, it’s all a bit of a mess, but out of crisis emerge new ways to approach issues and novel solutions to traditional problems. Here are our predictions for workplace law trends and changes in 2022.

#1 – Push for Hybrid and Remote Working

Studies over the last year are showing a deep disconnect between senior bosses and employees about preferred workplaces. Increasingly, employees want – and now expect – at least some remote work option, whereas senior levels of management are more likely to continue to see in-person work better for productivity, mentoring and focus.

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A Proposed Ban On Non-Competes

A Proposed Ban on Non-Competes

On October 25, Ontario Bill 27, Working for Workers Act, 2021 (“the Bill”) passed first reading. This Bill proposes amendments to our key Ontario employment statutes, including the Employment Standards Act, 2000 (the “ESA”) and the Occupational Health and Safety Act. In today’s post, we will review highlights regarding the proposed ban on non-competes and talk about how Ontario businesses can prepare. 

A Ban On Non-Competes

One much-discussed element of the Bill is the proposed ban on non-competition agreements in employment contracts. 

A non-competition agreement restricts – or tries to – an employee’s ability, for a period of time, to work for a competitor after leaving the employer. The restriction is usually somewhere between three months to two years. 

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Recent Changes to the Federal Government’s Covid-19 Benefits Schemes

Recent Changes to the Federal Government’s Covid-19 Benefits Schemes

Photo by Neil Thomas on Unsplash

As of Saturday, October 23, 2021, a suite of federal benefits formerly slated for both individuals and small businesses was set to expire following several extension periods. In partial response, the federal government has earmarked $7.4 billion for new programs intended to maintain some level of support for businesses and individuals throughout the Covid-19 pandemic.

What Is Set To Expire?

On October 23, 2021, the Canada Emergency Rent Subsidy (CERS) and the Canada Emergency Wage Subsidy (CEWS) both expired after their initial implementation in 2020. The Budget Implementation Act would allow the government to extend these programs to November 30, 2021, however, anything beyond this time frame would require the introduction of new legislation. Under the CERS, businesses have a monthly cap of $75,000 on eligible expenses that can be claimed per business location, and $300,000 in total for all locations. In our discussion below, there is potential for an increase in this monthly cap. 

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