What labour law says about your rights

ON TIPPING: Employers can decide whether tipping is allowed in their businesses. If tipping is not allowed, the employer should make it clear to his or her customers that tips and other gratuities will not be accepted by employees or the employer. ON BREAKS: An employee must be given a 30minute eating period within the first five hours of their shift. The eating period does not need to be paid unless your employment contract states otherwise. HOURS OF WORK: For most employees, the daily limit is either eight hours OR their regular work day as established with their employer. Employees cannot be required to work more than 48 hours in a week. MINIMUM WAGE: The general minimum wage in Ontario is $14 an hour. It will rise to $15 an hour next year. The student minimum wage, for those under 18 who work 28 hours a week or less, is $13.15 an hour. Liquor servers’ minimum wage is currently $12.20 per hour. Home workers have a slightly higher minimum — $15.40 an hour. EMPLOYEE VS. INDEPENDENT CONTRACTOR: Employees are entitled to protection under the Employment Standards Act and are entitled to the minimum wage. Independent contractors are not.

There is a five-part test to determine if you are an employee. Recent updates to the ESA mean it is now explicitly prohibited to misclassify an employee.

Find out more here: www.labour.gov.on.ca/english/es/ pubs/index.php Sara Mojtehedzadeh