'Employers and employees think if they agree with each other that they’ll be called contractors, then that's what the law is going to deem them as'
Misclassifying workers has always been a legal risk for businesses, but with Ontario’s new Digital Platform Workers’ Rights Act (DPWRA), that risk has escalated. Companies that have long relied on independent contractor models, particularly in the gig economy, may find themselves exposed if those contractors are being treated like employees.
And as Christopher Achkar, founder and managing partner of Achkar Law, points out, the problem is both widespread and misunderstood.
“It is a problem that exists quite a bit,” he says. “And employers and employees seem to think that if they agree with each other that they're going to be called contractors, then that's what the law is going to deem them as. And that's just simply not true.”
The DPWRA, introduced to better protect digital platform workers, mandates a suite of rights for workers including minimum wage during “engaged time,” increased transparency in work assignment logic and written explanations for suspensions or terminations, among others. It also gives workers the right to resolve disputes in Ontario courts, a significant shift from previous requirements to go through international arbitration.
These rights apply primarily to independent contractors, who had previously lacked such protections. Employees are already covered under the...
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