Employment Law Show: Ontario – S11 E95

Episode Summary

When are employees entitled to overtime pay? Employment Lawyer Mackenzie Irwin, an Associate at Samfiru Tumarkin LLP, answers this question and more on the Employment Law Show. 

LISTEN BELOW to Ontario’s premiere radio show about employment law and workplace rights featuring the province’s leading employment lawyers. You can hear the show live on Mondays to Thursdays at 640 Toronto and 980 CFPL in London at 6:30 p.m. ET, as the hosts take calls from listeners and provide vital answers to employees and employers. 

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Show Notes

• Employee rights regarding overtime pay: In general, managers are exempt from overtime pay. It is important to note that an employee must be a manager in more than just a title alone. Employees that are labelled managers but in fact are carrying out the responsibilities of other employees are entitled to overtime pay. Employers are also not within their rights to impose changes to the terms of an individual’s position.
• Self-employed individual’s rights to severance: Many individuals are mistakenly classified as independent contractors or self-employed when they are in fact, employees. Employees that are misclassified can miss out on vital employment rights, including severance entitlements upon termination.
• Terminated as a result of substance abuse: All employers must try and accommodate an employee’s disability or medical condition. Generally, addiction and substance abuse are considered to be disabilities. Employees must try and seek appropriate treatment but cannot be penalized for informing their employers about their disability. A failure to accommodate or a resulting termination could be a human rights violation.

Need an employment lawyer?

• Pocket Employment Lawyer: Before you call a lawyer, use the Pocket Employment Lawyer to find out if you might have a case. 
• Severance Pay Calculator: Discover how much severance pay you should get when you lose your job. Used successfully by nearly 2 million Canadians. 
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