More importantly, Bill 66 removed the requirement for employers to obtain authorization from the Director of Employment Standards before entering into overtime averages and overtime agreements. From an employer perspective, average agreements can save money; However, without departmental instructions, employers could implement funding agreements that are not correct. An inoperable agreement could open the employer to liability and subsequent litigation on an individual or collective basis. While employers have yet to adapt to the provisions of the legislation, we hope that they will be able to move quickly through the legislative process, given the rapid implementation of Bills 47 and 57. PooranLaw will be watching Bill 66 closely and keeping you updated during its development. Overtime credit agreements concluded with the Director`s agreement before April 3, 2019 remain valid and in effect until the authorization expires. Funding agreements have the effect, as noted above, of reducing the amount of overtime pay to which a worker is entitled; Inevitably, these types of agreements are likely to become more frequent, since they do not need to be approved by a third party. This should not indicate that any funding agreement is made to exploit a worker and there are situations where average employment agreements are useful. Bill 66 should not be confused with U.S. Route 66, the legendary highway known as America`s Main Street. Highway 66 drove motorists into cities and municipalities along 2,400 miles from Chicago, Ilinois, to Santa Monica, California. It is quite another matter; Instead of being clear legislative schedules, omnibus bills generally have many one-way streets, ambiguous alleys and shortcuts. Most other requirements for average overtime agreements are maintained.
For example, agreements must have an expiration date of no more than two years after the start date for non-unionized workers and no later than the day a subsequent collective agreement for unionized workers comes into force. In addition, workers cannot revoke an existing contract until it expires without the employer`s consent. If you have any questions about the Bill 66 amendments or would like assistance with the implementation of overtime or overtime credit agreements in your workplace, please contact a member of the Siskinds Labour Employment Group. In addition, employers have a duty to comply with the ESA and these funding agreements must be compliant and implemented for legitimate purposes. However, there will not always be confusion as more and more employees are subject to medium-sized agreements.