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Wednesday, January 7, 2026

Hiring rules a big part of compliance in 2026 - HRD America

Transparency in job posting, job-protected leaves among new legislative requirements across various jurisdictions, say legal experts offering tips for HR

With the dawning of a new year, it can be the start of new strategies for many organizations. And, as is often the case, there is a new slate of compliance requirements.

For multiple jurisdictions, the focus of new rules seems to revolve around transparency and hiring.

In Ontario, a big issue for organizations in 2026 is how fast compliance risk is rising on basic hiring practices, according to Michelle Cook, an associate lawyer at Aird & Berlis in Toronto.

Ontario’s Working for Workers 5 Act has moved from talking point to immediate operational concern, and Cook notes that the stakes have increased for provincially regulated employers.

“The penalties for [Employment Standards Act] (ESA) offenses have doubled from $50,000 to $100,000,” she says, so organizations can’t treat these changes as a minor policy update.

Ontario: new job posting, transparency rules

That shift in risk accompanies a set of detailed job posting obligations that hit on Jan. 1, 2026, and affect how organizations attract and screen candidates. Cook notes that the job posting rules don’t apply to employers with fewer than 25 employees on the day the job is publicly advertised, which she believes will push larger employers to tighten how and where they advertise roles while smaller firms watch from the sidelines.

Employers are also spared from...



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