In the spring, Bill 88, Working for Workers Act, 2022, received Royal Assent and became law. Among other things, Bill 88 amended Ontario’s Employment Standards Act, 2000 (ESA) to require certain employers to ensure, within a specific time frame, that they have a written policy in place for all employees with respect to electronic monitoring of employees (Policy).
On July 13, 2022, in its Your guide to the Employment Standards Act, the Government of Ontario published employer guidance for complying with the Policy. In this Insight, we provide a summary of that guidance in Q & A format.
Overview
Q 1. Who is required to have a Policy in place?
A 1. Employers that employ 25 or more employees on January 1 of any year.
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Q 2. What must the Policy state?
A 2. Whether or not the employer electronically monitors employees.
Q 3. If the employer does electronically monitor employees, what must the Policy include?
A 3. A description of how and in what circumstances the employer may electronically monitor employees; the purposes for which the information obtained through electronic monitoring may be used by the employer; the date the Policy was prepared; and the date any changes were made to the Policy.
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Q 4. To whom must the employer provide a copy of the written Policy, and when?
A 4. To all of its employees and to all assignment employees who are assigned to perform work for that employer, within the specified timeframes.
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Q 5. What is the special rule that applies in...
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