Those of you who have been following this series of blogs will
know that Bill 148 ESA amendments generally apply to unionized
workplaces as of the effective date of the particular amendment.
There are a few limited exceptions, however.
In yesterday's post, we addressed how employers with
unionized employees may find temporary relief from the Bill 148
"equal pay for equal work" amendments.
In this post we explain the three circumstances in which a
collective agreement in effect on January 1, 2019 may temporarily
prevail over corresponding on-call and scheduling provisions in
Bill 148.
1. Minimum pay for being on call (ESA section
21.4)
Under Bill 148, when an employee who is on call is not required
to work, or is required to work but works less than three hours,
the employer must pay the employee wages equal to at least three
hours at his or her regular rate. An exception applies if the
employer required the employee to be on call for the purposes of
ensuring
