Being Audited by an Ontario Employment Standards Officer?  Here’s what you need to know!

September 29, 2013, by Stephanie Messier | Work Environment and Policies

Last year the Ministry conducted 2,248 inspections.  Out of these inspections the top 5 violations were:

• Public Holidays
• Overtime Pay
• Minimum Wage
• Unpaid Wages
• Vacation Pay

What will ESA officers be looking for? 

There are 11 core standards that officers will be checking for compliance:

• Posting of the “What You Should Know About the Ontario Employment Standards Act” poster
• Wage Statements
• Unauthorized Deductions
• Record keeping (time sheet, payroll, etc.)
• Hours of Work (i.e. schedules, etc.)
• Eating Periods
• Overtime Pay
• Minimum Wage
• Public Holidays
• Vacation Pay, and
• Temporary Help Agencies charging Fees/not providing information – “Complying with ESA, What Temporary Help Agencies and their Clients Need to Know”

In addition to the 11 core standards checklist, you should also have the following policies in place:

• Bill 168 – Workplace Violence and Harassment Policy - Bill 168 is an Act to amend the Occupational Health and Safety Act with respect to violence and harassment in the workplace and other matters, which came into effect June 15, 2010. Workplaces in Ontario are now required to have the necessary policies, programs, measures and procedures in place.

• AODA – Customer Service Standard Policy – Effective January 1, 2012, if your business serves customers in Ontario, whether your business is based in Ontario or not, and you have at least one employee in Ontario, you need to be compliant with the Customer Service Standard of the Accessibility for Ontarians with Disabilities Act (AODA).  There are other AODA standards becoming effective as early as 2014.  To check to see which standards are applicable to your business and when, use the Ministry’s Wizard Tool to create your customized checklist.

• Ontario Hours of Work Policy – Ontario employees that are eligible for overtime pay as per the ESA are required to have signed written agreements regarding their hours of work, including overtime hours and using time off in lieu of overtime pay.

For more information on what to expect during an ESA inspection, please check out the 5 minute video on the Ministry’s website.

With the proper information and policies from our suggested checklist, you will mitigate your risk of fines and/or litigation.   At the end of the day, it is simply good employer practices.

Further Reading:

Are You Ready for AODA?

Are You AODA Compliant?  The January 1, 2012 Deadline Has Come and Gone.

Verbal Threats in Workplace Considered Serious Offense under Bill 168

The Necessary Evil of Employee Policies