Human Resources Manufacturing Operations Regulation Risk & Compliance
Many employers in the manufacturing industry regularly violate the Ontario Employment Standards Act, 2000 (“ESA”), knowingly or unknowingly.
Many employers in the manufacturing industry regularly violate the Ontario Employment Standards Act, 2000 (“ESA”), knowingly or unknowingly. Failure to schedule workers within the ESA hourly limits and to pay minimum or overtime wages are two of the most common violations. ESA violations may have serious implications – the fines are high, and sometimes result in jail time. Therefore, ESA compliance is an essential part of a company’s policy-making process.
What is the ESA?
The ESA regulates employment relations in Ontario. It establishes minimum employment standards related to issues such as hourly minimums and maximums and wages for most employers – including those within manufacturing industries.
What does the ESA say about work time?
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The maximum number of hours an employee can work is limited both daily and weekly. Generally, the daily limit is eight hours or, if more, the number of hours in an established regular workday. The weekly limit is 48 hours. However, there are exceptions, such as for managerial and supervisory staff.
Only with a written or electronic agreement between the employer and the employee is it possible to go above the daily and weekly limits. Regardless of such an agreement, an employer is required to pay overtime pay in...
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