The Ontario Government has proposed new changes to the Employment Standards Act, 2000, relating to employer mandated uniforms. While granular details of the proposal are not yet available, legislation is expected to be introduced shortly that will provide such details.
The current state of the law in Ontario is that employers can require an employee to pay for a uniform, or to deduct the cost of a uniform, provided that the employee signs a written authorization permitting the deduction and setting out the amount of the deduction. Employers in Ontario sometimes insert this into an employment agreement, or otherwise require a separate form signed by the employee relating to a deduction. In some cases, a deduction for the costs of a uniform is a precondition to employment, and an employer may refuse to hire an employee who objects to a deduction for a uniform.
While not typical in every sector, requirements for uniforms are most apparent in the food service, liquor service, and retail industries.
According to the Ontario Government news release, the new rules will not permit such agreements going forward in large companies. While details are not yet available, in the recent past the Ontario Government has typically adopted new rules for employers with 25 or more employees, exempting smaller employers. There is no clarity yet on the threshold for these rules, so watch this space.
The news release is clear that the rules will apply to employer specific apparel, including branded or logo bearing apparel, that cannot reasonably be used outside of work.
Currently, the provinces of British Columbia, Quebec, and Manitoba prohibit employers from charging for uniforms, so this law is not new in the Canadian employment law landscape.
While additional exemptions are expected, until the legislation is introduced, details will be scant. We will provide an update on this as soon as we receive more information from the Ontario Government.
At Bridge Legal & HR Solutions we can help you untangle and understand the web of obligations that applies to your employment relationships. To find out how we can help, contact us through our contact form or call us at 647-794-5442.
