The most important changes in the ESA will have an impact on workplaces where overtime is common and where employees work more than the ESA maximum weekly hours of work – 48 hours.
Bill 66 removes the requirement that agreements with employees or bargaining units on overtime and excess weekly hours of work obtain approval from the Director of Employment Standards.
Overtime Averaging
While approval from the Director is no longer necessary, agreements must meet certain requirements in order to limit the employee’s entitlement to overtime through averaging of hours an employee works over a specified number of weeks
- Averaging can occur over a maximum of 4 weeks
- The averaging agreement must include a start date and an end date
Excess Weekly Hours of Work
The maximum weekly hours of work remain the same, 48.
In order to exceed the maximum, a written agreement between the employee or bargaining unit and the employer is still required; it is only the approval from the Director of Employment Standards that is not now required.
ESA Poster Requirement
Employers will no longer be required to post the ESA employment rights posters in the workplace, but are still required to provide the ESA poster to employees on hire.
If you need the latest ESA poster, it can be obtained through this link: https://www.ontario.ca/page/posters-required-workplace
If you have any questions regarding what changes you may need to implement for your for your funeral home or need clarification please contact James LeNoury for you OFSA consultation benefit @ 416-926-1107