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Salesperson Exemptions: How They Apply to Your Business
Correctly classifying salespeople for overtime exemption is critical. It hinges on job duties and location, not titles or commission. Key differences: California demands a strict ">50% outside" time test. The US federal standard is a more flexible "primary duty" analysis. Ontario & Alberta use an interpretive "normally made away from" test, often making remote staff non-exempt due to the "home office trap." Misclassification carries severe financial risks from back pay, fines
Trudy Seeger
Sep 215 min read
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Unfair Termination: What Employees in Ontario and Nevada Should Know
Fired in Canada? Your rights are stronger than in U.S. at-will systems. Wrongful dismissal isn't about why you were fired; it's about receiving fair severance. Employers often offer statutory minimums, but Common Law may entitle you to much more based on age and tenure. Forced to quit by major negative changes? That's constructive dismissal. Before signing anything, document your termination and consult an employment lawyer to secure your full compensation. Read on to learn m
Amy Wilson
Sep 158 min read
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Understanding Employment Law for Office Cleaners: Ontario vs. Alberta
Ontario and Alberta's employment laws are increasingly diverging. Ontario is adopting proactive, prescriptive regulations (e.g., pay transparency, electronic monitoring, gig worker rights), while Alberta maintains a more flexible, market-oriented framework. This creates complex compliance challenges for multi-jurisdictional employers, making a "one-size-fits-all" national employment policy unfeasible. Read on to learn more about the similarities and differences.
Eva Vergis
Jul 227 min read
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The Salesperson Exemption in Employment Law: What Happens When Your Office is a Phone?
Ontario's Employment Standards Act (ESA) has complex salesperson exceptions. Exemptions depend on the actual working relationship, not just contracts. Misclassification risks severe penalties (back pay, fines, reputational damage) across tax, ESA, and safety regulations. Employers need proactive due diligence and expert advice; salespersons must understand their rights. Understanding both legislation and case law is key for compliance and fair treatment.
Trudy Seeger & Tony Wong
Jul 2212 min read
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Legal Differences in Car Detailing Employment: Calgary vs. Ontario
This article aims to provide a clear and concise guide for both employees and employers as they apply to auto detailers in Ontario and Alberta. Ontario's ESA provides a more robust framework of employee protections, particularly concerning overtime pay, mandated breaks, and termination notice. In contrast, Alberta's Code, while ostensibly similar, affords greater flexibility to employers, potentially leading to disparities in enforcement and worker outcomes.
Trudy Seeger
May 196 min read
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Employment Law for Finance Professionals: Key Rights and Protections Including Whistleblowing
Finance professionals need a firm grasp of employment law, Contract basics, anti-discrimination, whistleblowing protections, and termination
simonmorris557
Mar 318 min read
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Understanding the Role of RRSP in Employment Law Settlement and Estate Planning
This guide explores the role of RRSPs in employment law settlements, the role of estate planning in workplace benefits. Let's delve in.
Anna Duke & Tony Wong
Mar 309 min read
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Large Severance Pay Entitlement for Short Service Executives
Terminating Execs in Ontario: A Minefield? We'll unpack notice periods, inducement, and good faith duty using key cases. Read On.
Tony Wong
Mar 168 min read
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From Contracts to Courtrooms: Employment Law vs Criminal Defense Law In a Nutshell
Employment law vs criminal defence law – different scopes, aims, operations. Let's discuss the distinctions in this article.
Lucy Jones
Mar 44 min read
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