Gig workers’ rights and employee entitlements: Employment lawyer with CTV News

Interview Summary

The “gig economy” continues to grow in Canada.

From delivery drivers through apps such as Uber and Lyft, to freelance and contract workers, more individuals are seeking non-traditional means of employment.

Are gig workers protected by employment laws of any kind? Are more Canadians being misclassified as contract workers?

Alex Lucifero, an Ontario employment lawyer and Partner at Samfiru Tumarkin LLP, joined CTV News Ottawa to discuss the rights of gig workers and the legal protections available for those unsure of their rights.

Interview Notes

• Entitlements for gig workers: Lucifero emphasized the growing trend of gig work across the province and the lack of awareness many have regarding their rights.”Even though they work part-time and own the cars they drive, these individuals are probably employees and not necessarily contract workers. Lots of these employees should be aware that they are entitled to overtime pay, sick leave, etc.”
• Next steps for employees: To protect themselves and ensure they are not being taken advantage of, Lucifero urged gig workers to understand their classification. “Are you truly an independent contract worker where you are effectively in business for yourself? Many gig workers are not in this position and work for an employer.” Lucifero encouraged anyone unsure of their entitlements to speak to an employment lawyer.
• Groups of gig workers: Lucifero discussed the class action lawsuit against Uber in Ontario and its potential impact on workers. “We’ve certainly seen class actions in these kinds of situations. Lots of employees are coming to realize that they may not be independent contractors.”

Related Resources

For further insights and discussions related to the gig economy and worker rights explore the following resources:

• Employee vs independent contractor
• Gig economy side hustles for Canadians