Alex Lucifero on CTV Morning Live discusses employee time theft

Interview Summary

A woman in B.C. after being let go for time theft was then ordered to pay her former employer. This case has brought into focus questions surrounding employee tracking software and monitoring while working from home. How can employers and employees navigate the changing workplace? Are employees entitled to a different pay structure if every minute of the workday is tracked?

Alex Lucifero, an Ottawa employment lawyer and Managing Partner at Samfiru Tumarkin LLP joined CTV Morning Live to answer these questions and more on employee rights.

Interview Notes

• Definition of “time theft”: Time theft occurs when an employer is paying employees wages for the time they are not working. As more employees have shifted to a remote work arrangement, their time is possibly tracked less by their employers and could be spent pursuing personal activities.
• Tracking software and employee rights: In Ontario, there is legislation that stipulates employers have to disclose how they are tracking their employees. This could include GPS tracking software, software on company devices, etc.
• Paying employees by the minute: It does not seem advantageous to track and pay employees by the minute. In order for the relationship between employer and employee to be successful, a level of trust should exist between the two. In certain industries, perhaps, a minute pay structure could work but ultimately it does not seem beneficial.
• Next steps for employers with hybrid work models: Ultimately employers should hope that there is a give and take with their employees. Employers are able to track employee productivity and efficiency, while also providing a bit of freedom and flexibility. Employees that take advantage of their employers can expect disciplinary measures from their employers.