Since the passage of Bill 148, (Fair Workplaces, Better Jobs Act,
2017), which made significant changes to the Employment Standards Act, 2000 (the
"ESA"), employers have been trying to
keep track of the new obligations under the legislation and how
they will impact their ability to manage business.
The change dealing with on-call employees comes into effect on
January 1, 2019. Employers who employ on-call workers will need to
understand how this will impact their day-to-day operations and
whether policies and pay practices require updating.
Currently, the ESA does not require any payment to an employee
on call if they are not called in or required to work. However,
where an employee regularly works more than three hours, but is
called in and works fewer than three hours, the employee is
entitled to a minimum of three hours of pay at the employee's
regular wage. This is commonly referred to as the "three-hour
rule."
