The Employment Standards Act, 2000 (ESA) serves as the cornerstone of workplace rights in Ontario, establishing minimum protections for employees and obligations for employers. Whether you’re a worker navigating your rights or an employer ensuring compliance, understanding the ESA is essential. Below, we break down key protections, recent updates, and steps to safeguard your rights.

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Key Protections Guaranteed by the ESA

The ESA sets enforceable standards across critical areas of employment. Here’s what you need to know:

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1. Minimum Wage

Ontario’s minimum wage is updated annually to reflect economic conditions. As of April 2025, the general minimum wage is $17.70/hour, with adjustments for specific categories:

• Students under 18: $16.15/hour
• Liquor servers: $16.55/hour
• Homeworkers: $18.85/hour.
  Employers cannot pay below these rates, even if an employee agrees to it.

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2. Hours of Work & Overtime

• Daily/Weekly Limits: Employees cannot be required to work more than 8 hours/day or 48 hours/week without a written agreement.
• Overtime: After 44 hours/week, overtime pay kicks in at 1.5 times the regular rate. Exceptions apply for averaging agreements or unionized workplaces.
• Breaks: Employees are entitled to 30 minutes unpaid for every 5 hours worked, unless otherwise agreed.

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3. Public Holidays & Vacation Pay

• Statutory Holidays: Employees receive 9 paid public holidays (e.g., Canada Day, Labour Day) with pay calculated based on their prior four weeks’ earnings.
• Vacation: Employees earn 2 weeks of paid vacation annually (4% of wages) after one year of service, increasing to 3 weeks (6% of wages) after five years.

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4. Leaves of Absence

The ESA guarantees job-protected unpaid leave for various circumstances, including:

• Pregnancy/Parental Leave: Up to 17 weeks for pregnancy and 61–63 weeks for parental leave (birth mothers can combine both).
• Sick Leave: 3 unpaid days/year (no doctor’s note required for absences ≤3 days as of October 2024).
• Family Caregiver/Critical Illness Leave: Up to 8 weeks/year for caregiving or 37 weeks for critically ill children
• Domestic Violence Leave: Up to 10 days/year for those addressing violence or sexual abuse.

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5. Termination & Severance

• Notice Period: Employees with ≥3 months of service are entitled to 1 week of notice (or pay) per year of service, up to 8 weeks.
• Severance Pay: Applies to employees with 5+ years of service in organizations with a payroll ≥$2.5 million or 50+ employees. Severance is capped at 26 weeks’ pay.
• Mass Termination: Employers terminating 50+ employees within 4 weeks must provide extended notice, including remote workers.

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Critical Protections Against Exploitation

• Anti-Reprisal: Employers cannot penalize employees for asserting ESA rights (e.g., filing complaints, refusing unsafe work).
• Misclassification: Employers are prohibited from misclassifying employees as independent contractors or unpaid interns.
• Tip Protection: Employees retain all tips unless pooled fairly. Employers cannot withhold tips as discipline.

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Recent Updates to the ESA (2023–2025)

Ontario’s ESA has evolved to address modern workplace challenges:

• Digital Harassment Policies (Bill 190): Employers must implement policies addressing online harassment and disclose electronic monitoring practices.
• Licensing for Temp Agencies: As of July 2024, temporary help agencies and recruiters must be licensed to operate in Ontario.
• AI Transparency: Employers using AI in hiring must disclose this to applicants under Bill 190.
• Forced Labor Reporting: Businesses must file annual reports assessing forced labor risks in supply chains by May 31, 2025 

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Enforcing Your Rights

If your employer violates ESA standards:

1. Document Everything: Save pay stubs, schedules, and communications 
2. File a Complaint: Submit a claim to the Ministry of Labour within 2 years of the violation. The process is free and does not require a lawyer 
3. Seek Legal Advice: For complex cases (e.g., severance disputes), consult an employment lawyer to explore common law remedies, which often exceed ESA minimums 

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Exemptions & Limitations

The ESA does not apply to:

• Federal employees (e.g., banking, airlines).
• Self-employed workers, police officers (except lie detector rules), or elected officials 
• Students in approved co-op programs or court-ordered workers 

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Final Thoughts

The ESA is a floor, not a ceiling. While it provides critical protections, many employees have greater rights under employment contracts, collective agreements, or common law. Stay informed, advocate for fair treatment, and leverage Ministry resources to ensure compliance.

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Free Consultation with London Employment Lawyers

Ontario’s laws provide critical protections for employees during mass layoffs, ensuring they receive fair notice, severance pay, and support. If you’re affected by a group termination, understanding your rights and seeking professional advice can help you navigate this challenging time and secure the compensation you deserve. Please do not hesitate to contact our experienced Ottawa employment lawyers for a free legal consultation. Randy Ai Law Office can be contacted at (548) 489-2006 or fill out the contact form.

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