Ontario Minimum Wage
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Ontario Premier Kathleen Wynne announces Ontario's minimum wage will rise to $15 per hour by 2019. On October 1, 2017, Ontario minimum wage will rise to $11.6 per hour. On January 1, 2018, Ontario minimum wage will rise to $14 per hour. Hopefully, this won't change if the anti-worker Ontario Progressive Conservative Party wins Ontario's 2018 provincial election.

The following calculator will assist you in calculating figures below

Use the above calculator by using your computer's mouse to click on the calculator's buttons. Do not use your computer's keyboard to type in figures and operations.

Abbreviations:

OESA

Minimum wage is Article 23 of the Ontario Employment Standards Act 2000 S.O. 2000, Chapter 41. Ontario's minimum wage comprises Article 23 of the Ontario Employment Standards Act, 2000, S.O. 2000, Chapter 41. Article 23 is transcribed below.

Minimum wage

23. (1) An employer shall pay employees at least the prescribed minimum wage. 2000, c. 41, s. 23 (1).

Room or board

(2) If an employer provides room or board to an employee, the prescribed amount with respect to room or board shall be deemed to have been paid by the employer to the employee as wages. 2000, c. 41, s. 23 (2).

Determining compliance

(3) Compliance with this Part shall be determined on a pay period basis. 2000, c. 41, s. 23 (3).

Hourly rate

(4) Without restricting the generality of subsection (3), if the prescribed minimum wage applicable with respect to an employee is expressed as an hourly rate, the employer shall not be considered to have complied with this Part unless,
    (a) when the amount of regular wages paid to the employee in the pay period is divided by the number of hours he or she worked in the pay period, other than hours for which the employee was entitled to receive overtime pay or premium pay, the quotient is at least equal to the prescribed minimum wage; and

    (b) when the amount of overtime pay and premium pay paid to the employee in the pay period is divided by the number of hours worked in the pay period for which the employee was entitled to receive overtime pay or premium pay, the quotient is at least equal to one and one half times the prescribed minimum wage. 2000, c. 41, s. 23 (4).

Find more Ontario minimum wage information.

OLRB

The Ontario Labour Relations Board is where you have 30 days to appeal OESA decisions against you.

Find the OLRB at 2nd floor, 505 University Avenue, Toronto, Ontario M5G 2P1, 1 877 339 3335, Fax: 416 326 7531. The OLRB is located near St. Patrick's subway if you are traveling via TTC.

Email to Voy Stelmaszynski, the board solicitor (despite the title, Voy is not a lawyer) – (416) 326-7450. My experience is the OLRB does not work fairly.

Ontario Minimum Wage

Workers must be paid 4% vacation pay in addition to the above. Many workers simply take the cash and walk away.

Workers must be paid to the quarter hour.

Homeworkers mean any type of work being done from home including envelope stuffing, market research, telemarketing, and working over the internet.

Many companies are trying to get out of the above by forcing workers to sign contracts where the workers agree to be paid way below minimum wage. This means working on a contractor basis where the worker is not allowed to negotiate the contract or protect themselves from a predatory company. Companies asking workers to work over the internet are famous for this. Internet jobs usually include affiliate marketing, social media posts, writing. However, courts, which includes arbitration and mediation hearings, will not enforce and declare void any law breaking contracts. Unfortunately, arbitration, courts, and mediation, takes time and nobody knows how anyone presiding over a case will rule. The best thing is not to sign any contract which breaks the law.

Companies also try to get out of paying minimum wage by forcing workers to work on commission or piece work basis.

Some companies, famously, security guard companies, force workers to pay for uniforms and training as a way of getting workers. Since workers must pay to work, such workers are paid below minimum wage.

Agents representing actors deduct their commissions, usually 10% (+13% HST on the commission), from the minimum wage actors they represent. The ACTRA union which represents actors, may also deduct fees, whether or not the actor is an ACTRA member. These deductions and fee payments must may leave actors making below minimum wage. The actors being referred to here are usually background performers.

Unions deduct fees from unionized workers they represent. In fact, many unions charge upfront fees of hundreds of dollars. This could push a workers pay below minimum wage. The OESA clearly states all emplyees must join a union when a company is unionized.

Many companies hire workers as unpaid interns. The Employment Standards Act does not force companies to pay these employees as these show. In June 2013, an Ontario court ruled internships, unpaid or paid below minimum wage, violate Ontario's minimum wage law.

Here are applications of Ontario's minimum wage.

3 Hour Limit

At 7am, Samuel, started working at his $15 per hour job. At 9am, Samuel, was laid off for the day.

In this case, Samuel, is owed by his employer, $30 plus at least 4% vacation pay. Since Ontario's workers must be paid for at least 3 hours, the employer must pay Samuel at least another $11.44 ($11 minimum wage plus 4% vacation pay) for a third unworked hour.

Calculation with the calculator below: ($30 * .04) + $30 + $11.44 = $45.64

Commissioned Sales

On each day, from Monday thru Friday, on August 1-5, Solomon, a licensed agent, whose salary is 100% commission, worker from 8am - 5pm with an unpaid hour off for lunch, selling driver's insurance for a broker. Solomon's commission for the week was $225.

40 worked hours times $11.44 per hour ($11 minimum wage plus 4% vacation pay) equals $457.60. Since all employees must be paid at least minimum wage, the broker must pay Solomon the $225 commission earned plus the difference between minimum wage and the $225 commission earned. The broker must pay Solomon a total of $457.60.

Homeworkers Wage for Students

Samantha, a 16 year old high schooler, works from home and over her cellular telephone answering emails for an employer. Since Samantha works away from the employer's office, Samantha earns the homeworkers' minimum wage plus four percent vacation pay.

Quarter Hour

Sally, a minimum wage worker at a bakery, reported to work at 6am, worked without breaks, and left at ten minutes past noon. Since the OESA 2000 allows employers to round of employees work time to the full quarter hour, the bakery need only pay Sally minimum wage plus 4% vacation pay for six working hours.

Calculate Sally's salary with the calculator below ($11.44 x 6 hours worked)

Number 1: Number 2: Get Result:

Minimum wage does not apply to contract employees, federal workers, unionized workers, Ontario Works recipients, and Ontario Disability Support Program Act beneficiaries.

Skip up top and read the law and Email or call Ontario's Employment Standards Act at 1 800 531 5551 with your complaints if you meet any of the above tactics. But be preapred for them not to even investigate or shortily investigate your case. Ontario's government does little to protect workers from the above predatory practices.

Complaints about employer's paying below minimum wage can only be made by those workers who are owed cash by their employers or former employers. This means anyone who knows of an incident where an employer is deliberately paying an employee who knows no better below minimum wage, cannot make a complaint. This means if youe are made a job offer or view a job posting where the employer clearly says the job is paid below minimum wage, you cannot file a complaint. This practice of Ontario' Labour Ministry allows many employers to get away with making illegal wage post in their job advertising.

If you encounter the above described predatory practices, use this form to request payment from the employer. None of Ontario's political parties are campaigning to stop predatory practices listed above.

If the employer does not respond, file a complaint with the Ontario Employment Standards Act via this form. It might take the labour ministry several months before they start investigating your complaint.

If the labour ministry denies your claim, you will have to appeal to the OLRB where you would have to argue your case before an arbitrater whose decision is final. This should not be done without legal representation.

If you get no satisfaction from if you get no satisfaction from the OESA or the OLRB, you can sue the employer using these forms. This should only be done with legal representation. Support the campaign by the Worker's Action Centre and other anti-poverty and labor groups to increase the minimum wage from $10.25 per hour to $14 per hour.

A person working twenty-two eight hour shifts per month at minimum wage of $10.25 per hour plus four percent vacation pay earns about $1876.16 per month fully taxable.

Calculation: 22 * 8 * $10.66 = $1876.16

If such a person is single and living alone and pays

  • $1200 per month in rent and utilities,

  • $600 per month in grocery cost, and

  • $127 per month in public transit cost,

  • Calculation: $1200 + $600 + $ 127 = $1927

then such a person is paying more than they are making.

This often causes people with full-time jobs at minimum wage to find cash infusions by using the publicly funded Ontario Works which Ontario's government downloaded on municipalities during the late 1990s. When a person must receive funding from Ontario Works, it costs all taxpayers. Many Ontario minimum wage workers with families are working two to three jobs and cannot make ends meet. Thus, the need for increases to minimum wage.

A group representing medical doctors and nurses support a minimum wage increase since those who cannot afford to eat often lack energy to work properly since they are suffering from headaches, starvation, and other medical conditions associated with hunger.

Rallies

The Workers Action Centre is organizing several rallies in support of raising the minimum wage for hourly employees from $10.25 per hour to $14 per hour. View campaign updates and infrequently scheduled rallies. View rally dates.

Premier Kathleen Wynne has announced minimum wage will be increased to $11 per hour as of June 1, 2014, if Wynne and her Ontario Liberals continue to be Ontario's government. Minimum wage for homeworkers would increase to $12.1 per hour, $10.3 for students, $9.55 for liquor servers, and $55 for hunting and fishing guides working less than 5 consecutive hours per day and $110 for such guides working more than 5 hours per day.

Wynne also says she will use legislation to annually raise minimum wage according to the Consumer Price Index but needs approval from opposition MPPs for that. Thus far, neither the NDP nor PC have not agreed to that. The PC disagree with a minimum wage increase. The Ontario NDP want an increase to $12 per hour by 2016 and would reduce small business taxes to help such businesses cope.

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