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Equal Pay for Equal Work – Everything You Need to Know About Pay Equity in Your Workplace

Discover your obligations as an Ontario employer under the Pay Equity Act, including understanding equal pay for equal work, applicable exemptions, and the consequences of non-compliance.We’ve all heard about pay equity but what does that actually mean in a workplace? And as an Ontario employer, what are your obligations around reaching and maintaining pay equity? One this is for sure, outside of a huge financial risk, you also do not want to be known as an employer who is not paying their employees equally. Here’s everything you need to know about your obligations under the Pay Equity Act.

What is Pay Equity? 

Pay equity means equal pay for work of equal value. This means employees who perform substantially the same kind of work in the same establishment,  which requires substantially the same skill, effort, and responsibility and under similar working conditions should be compensated equally, regardless of gender. All of these conditions must be met for equal pay for equal work to be required.

But of course, there are some exceptions. Even if all of the above conditions are met, a difference in pay can apply due to seniority (length of service), merit (how well they perform at their jobs), or systems that measure earnings by production or quality (promotions based on exceeding sales, etc.). The difference in rate of pay includes hourly or salary pay rates, overtime pay rates, and commission rates.

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Why you should update your employment contracts and why January is a good time to do so

Why Employment Contracts are Good

Our readers are probably sick of hearing us go on about employment contracts, but we will never stop recommending them!

An employment contract gives both employers and employees certainty about their entitlements both with respect to compensation and also on exit. 

Whether terms are written down or not, employment relationships will be governed by various terms. In the absence of a contract, courts read in implied terms of employment from the common law. It’s better to get those terms written down so you actually know what they are and don’t have to wait for a judge to tell you! 

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Get our free Employment Contract Checklist

Free Employment Contract ChecklistAre your Employment Contracts Up-to-Date for 2022?  Not sure where to begin?

Get a copy of our FREE Employee Contract Checklist

The checklist outlines affordable DIY contract options for small employers:

  • brainstorm what needs to be included in your contracts
  • cross-reference with any contracts you may already have in place
  • identify areas to add, remove and/or update
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Vacation pay class actions a heads up for employers

Since 2019, there have been five proposed class actions against insurance companies and banks for failure to pay proper vacation pay to employees, both past and present. The total amount claimed in the aggregate of these five actions is around $1.2 billion. Royal Bank of Canada is a named party in three of the five actions; in one, it is facing a proposed $800-million class-action lawsuit involving thousands of advisors. Bank of Montreal and Allstate Insurance are also named in these class actions. A significant aspect of the allegations against these employers revolves around the calculation of their employees’ vacation pay. The issue is that for many of these employees, the majority of their compensation is and was made up of commissions and bonuses. Their vacation pay, however, was and continues to be based solely on their much lower base salaries.

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