HR Professional - August/September 2009 - (Page 37)

H R101 BY DUFF MCCUTCHEON Ministry of Labour employment standards inspection can be a nerve-wracking event, but as long as you’re organized and polite (and have nothing to hide), they’re relatively painless. HR Professional talks to an employment lawyer and a Ministry of Labour ESA co-ordinator for tips on how to pass. The purpose of an employment standards inspection is to raise awareness for both employers and employees of their rights and responsibilities, to promote self-reliance in the workplace and—most important—to ensure compliance with the Employment Standards Act, 2000. They’re also becoming more common now that the Province’s various workplace enforcement agencies—Employment Standards, WSIB and Health and Safety—have begun sharing information. “It used to be a complaints-driven system where they would only inspect if there was a complaint,” says Erin Kuzz, a partner at Toronto employment law firm Sherrard Kuzz LLP. “They’ve since taken a much more proactive approach. If you’re on the radar for one of them, you’ll be on the radar for all of them.” A Anatomy of an audit When you get a letter announcing an upcoming visit from the Employment Standards branch (or worse—a random knock on the door), you can expect a focus on 10 things: they will ensure an ESA poster—which spells outs rights and responsibilities—is visible to employees, that COMMON ESA MISTAKES • Overtime: Employers often believe that if an employee’s on salary, they’re not entitled to overtime. Unless the person is a manager (as defined in the Employment Standards Act, 2000 ), you must pay overtime to everyone. You might not be tracking everyone’s hours, but you can bet they are. • Vacation pay: Many employers think employees can waive vacations and take pay in lieu, but employees must take a minimum of two weeks per year and employers have to ensure they take it. • Public holidays: The biggest employer mistakes concerning public holidays are thinking only full-time employees are entitled to payment, and miscalculating the amount owed. w w w. HRT houghtLeader. c om A u g u s t / S e p t e m b e r 2 0 0 9 37 IL L U S T R AT I ON: M I C H A E L E DDE NDE N SURVIVING ESA INSPECTIONS

Table of Contents for the Digital Edition of HR Professional - August/September 2009

HR Professional - August/September 2009
Editor's Letter
Leadership Matters
Wellness ROI
Human Capital
Talent Management
HR 101
Interview with Dr. Kathryn Cramer
Off the Shelf
The Last Word

HR Professional - August/September 2009