The new Bill 148 amendments to the Ontario Employment Standards Act are extensive and important.
New Section 5.1
Section 5.1 makes in unlawful for an employer to misclassify an employee. Prior to Bill 148, an employer who misclassified an employee as an independent contractor would be ordered to pay statutory entitlements owing to the employee. The new section makes misclassifying an offence itself which gives rise to fines and penalties in addition to back wages and statutory entitlements.
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