tag:blogger.com,1999:blog-8560894381298667267.post1652063860138628268..comments2023-10-25T00:48:14.046-07:00Comments on The Buchanan Ontario Workplace Law Blog: Chinese Workers Claim Restaurant Chain Paid Them Less Than Minimum WageUnknownnoreply@blogger.comBlogger2125tag:blogger.com,1999:blog-8560894381298667267.post-61535601497375466722014-01-31T18:14:49.077-08:002014-01-31T18:14:49.077-08:00Thanks for the comment, Chris.
I'll grant tha...Thanks for the comment, Chris.<br /><br />I'll grant that there's some complexity to the ESA framework, and that it's far too easily misunderstood - I've seen plenty of occasions where a manager or HR professional or non-employment lawyer (and even a judge now) have looked at the ESA and said "Well, I guess that sets out the full obligations of the employer." But the truth is that there are plenty of resources abound that anyone who knows how to use Google can find out otherwise.<br /><br />(Hmm...now there's an idea, actually. I can cite case law until I'm blue in the face to try to explain to an employer why their position is wrong as a matter of trite law, but suggesting that they Google it...I digress.)<br /><br />However, I'm not overly concerned about the differential minimum wage. The outright exemptions for minimum wage are pretty trivial: Even in this market, it's hard to imagine a lawyer working for less than minimum wage. (Though compliance may be more difficult for commissioned salespeople, as it happens.)<br /><br />The reduced rates...I don't think they really cause much confusion, in general - the differential rate is well-known in the restaurant industry, and for young people as well (and, in any event, if an employer doesn't realize that it can pay its young students less, that's the employer's own loss). It makes it more difficult for people like us to talk in broad generalities - it would be much easier to say "Every employee in Ontario is entitled to x", as opposed to "With certain exemptions, most employees are entitled to x, unless you're in this other category, in which you're entitled to y, or..." But the truth is that, for most people who need to ask about a minimum wage, it's $10.25.<br /><br />I might be persuaded that the reduced minimum wage for servers is bad policy for other reasons, but I think the reduced minimum wage for young people is good policy, and I'm surprised the difference remains so small. As much as the arguments about a 'living wage' make a certain amount of sense, that sense largely dissolves when talking about high school students working part time and living with their parents.Dennis Buchananhttps://www.blogger.com/profile/02338198640943823828noreply@blogger.comtag:blogger.com,1999:blog-8560894381298667267.post-42273538039496935402014-01-31T14:41:37.189-08:002014-01-31T14:41:37.189-08:00I think this post is evidence of a huge problem wi...I think this post is evidence of a huge problem with employment standards legislation in Ontario: lack of clarity and certainty. (I should be clear that the problem is in the legislation, not in your post per se, which explains things nicely.) Employment Standards legislation is MINIMUM standards legislation. Such legislation ideally should be as simple as possible not only to promote understanding of right and responsibilities but also to make a firm statement that there are certain minumum standards of work that permit no exception. If the legislation were more straightforward, your average worker would be more aware of his or her rights. If minimum wage is $11.00 an hour, then make it $11.00 an hour for everyone. Is an extra dollar or two an hour for a server going to drive restaurants out of business? Realistically, no. If the standards are truly minimum, don't exempt any employees. We expect lawyers and doctors will make more anyway? Great, then compliance will be easy. Chris Davidsonhttps://www.blogger.com/profile/05989704067717389156noreply@blogger.com