Summary
The Canadian workforce encompasses a diverse array of business
relationships. In the face of economic pressures, many companies
moved away from hiring employees and have begun to favour hiring
independent contractors. In many workplaces, the line between
employees and independent contractors has blurred. Increasingly,
workers are being classified as independent contractors when they
are, for all intents and purposes, treated the same as employees of
the business.
Bill 148, the Fair Workplaces, Better Jobs Act, 2017,
which came into force on November 27, 2017,attempts to address this
misclassification. To avoid unintended liability under the
Employment Standards Act (ESA), businesses should review
their independent contractor relationships to determine if they can
withstand scrutiny from government agencies. With no set formula
for determining a worker's classification, professional legal
advice may be needed to effectively address any
