Canadian Lawyer InHouse

NOVEMBER/DECEMBER 2015 40 INHOUSE I n d u s t r y S p o t l i g h t To Beeho, overtime provisions are anoth- er challenging area with different solutions depending on whom you ask. With the cur- rent provisions under the ESA, employers who would like workers to put in extra hours beyond a certain threshold need to apply for an approval from the government, a process that can be difficult and cumbersome, ac - cording to Beeho. "This, I think, is the dilemma because quite often when we're talking about overtime issues, there are people who would welcome the opportunity to work overtime if it's available because it would allow them to obviously increase their earnings at least on a temporary basis," he says. But relaxing the laws around excess hour work might make life harder for employees who may be working several part-time jobs, he adds. "That, I think, is going to be one of the re - ally interesting issues to be looked at in this review," Beeho says. "On the one hand, there are certainly aspects of an overtime regime that are cumbersome and they are not em- ployer-friendly. But on the other hand, if we look at the very clear mandate, as it should be, of the exercise, it's about fair treatment for all. This is not intended to be an exercise that stacks the deck one way or another. So there will be competing interests on over - time that will need to be reconciled." Coulter says no change that will be made to the acts will tilt the power balance in fa- vour of retail workers. "Even if every worker-friendly proposal being suggested by organizations like the Workers' Action Centre were implement - ed, employers would maintain a great deal of power over operations, hiring, and so forth," she says. The ESA is "the floor," not the ceiling, Coulter also says. "Clear and fair standards are crucial, and the law should reflect the basics everyone deserves regardless of where they come from, how much education they've been able to afford, and the size of their em - ployer. They also need to be enforced." Coulter adds she's "cautiously hopeful" that review into the ESA and LRA would lead to positive change in some areas, main- ly because of what she calls a growing public awareness and pressure. "Five years ago, there was little mainstream discussion about the conditions and struggles of the millions of people who have only em - ployment standards as protection," she says. "The workers in these sectors have been or- ganizing and finding political and legal allies, and thus expanding the public conversation." This review aside, some changes to legis- lation that would most assist the retail work- ers have already been made to the ESA, says lawyer Danny Kastner of Kastner Law. As of next month, for example, employers and temporary help agencies can be held li- able for certain obligations under the ESA, Kastner says. The coming into force of this Stronger Workplace for a Stronger Econo- my Act will create joint liability for employ- ers and agencies for unpaid wages, as well as record-keeping responsibilities. For in-house counsel, it means "if you're using temp agencies to hire labour, you can't be content with the agreements and relationships you used in the past," Kastner says. "You have to reassess those agreements in light of the new reforms that create joint liability for certain obligations." IH NOT TOO BIG. NOT TOO SMALL. ;IEVIEJYPPWIVZMGIQMHQEVOIXFYWMRIWWPE[½VQXLEX combines Bay Street experience and business advice, [MXLXLIZEPYITVSTSWMXMSRSYVGPMIRXWRIIH MRXSHE]´WGLERKMRKFYWMRIWW[SVPH -JXLMWWSYRHWPMOIXLIVMKLX½XJSV]SY ]SY´ZIHMWGSZIVIH6MKLXWM^IH8LMROMRK ® . *MRHSYXLS[XLMWETTVSEGLGEREWWMWX]SYEX www.pallettvalo.com &YWMRIWW0E['SQQIVGMEP0MXMKEXMSR'SQQIVGMEP6IEP)WXEXI 'SRWXVYGXMSR -RWSPZIRG] 'SVTSVEXI 6IWXVYGXYVMRK )QTPS]QIRX 0EFSYV ;MPPW )WXEXIW 8VYWXW ntitled-4 1 2015-10-01 1:34 PM

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