HR Insights & Updates

As of July 1, 2025, the Digital Platform Workers' Rights Act, 2022 took effect, introducing meaningful new standards for workers engaged through digital platforms — often referred to as "gig workers."

What's Actually Changed

Gig Worker Protections

✔ The new law introduces baseline protections for people doing digital platform work (such as rideshare, delivery, or courier services). These include:

• A guaranteed minimum wage for active work assignments (based on Ontario's ESA minimum wage).
• Required transparency about pay calculation and criteria for offering work.
• Regular pay periods and paydays.

Important note: This law doesn't automatically make gig workers "employees" under the ESA, but it does create enforceable rights and obligations for platform operators.

Remote Work (OHSA Amendments)

Ontario's Occupational Health and Safety Act (OHSA) now explicitly applies to remote work, including virtual workplace harassment and health and safety obligations at or near an employee's home.

Sick Leave Documentation

Employers cannot require a medical note (a "sick note") from a qualified health practitioner for an employee's ESA sick leave. Employers can still ask for reasonable evidence that an employee is eligible for the leave, just not a doctor's certificate.

Job Posting & Information Requirements (Coming in 2026)

Employers with 25+ employees will soon need to include salary ranges and other details in publicly advertised job postings and retain related documentation. These changes start January 1, 2026.

Penalties & Enforcement

The maximum fine for individuals convicted of certain ESA offences is now up to $100,000 (up from $50,000).

What This Means for Employers

To stay ahead:

• Review policies and contracts for sick leave, remote work, job postings, and gig work obligations.
• Train HR and managers about the new remote work safety provisions and evidence requirements.
• Communicate clearly with workers about information you collect, how pay is calculated, and their rights under the new digital platform worker standards.

Key Provisions

Paid Sick Days

Ontario currently provides three unpaid ESA sick days (not paid days) — and employers cannot require a sick note for these absences. If you've heard of paid sick days being introduced, that was a proposal but has not been enacted at this time.

Non-Compete Restrictions

The law restricts non-compete clauses for lower-paid employees, generally making them unenforceable for many workers earning less than a prescribed threshold. This continues Ontario's trend of limiting non-competes.

Electronic Monitoring Disclosure

Employers with 25+ employees must provide written policies on how and when they monitor employees electronically. This requirement arose from earlier "Working for Workers" reforms.

Scheduling Changes

While Ontario has rules about scheduling and providing reasonable notice of changes, there isn't currently a legislated 96-hour notice right for shift changes outside specific industries or collective agreements. You should check your particular sector's rules.

Why This Matters

• Update employment agreements to reflect the enforceability of non-compete restrictions.
• Create clear electronic monitoring policies that describe what data you collect and why.
• Ensure sick-leave processes don't require medical notes but do encourage open communication about absences.

This isn't just compliance — it's a chance to build trust by being transparent and fair with your workers.

Here's what employers should know:

Increased Penalties

Maximum fines for individuals convicted of certain ESA violations have doubled (e.g., up to $100,000).

Compliance Focus

While the Ministry of Labour, Immigration, Training and Skills Development regularly conducts compliance inspections, there hasn't been a formal public strategy uniquely targeting sectors like hospitality or temp agencies — but proactive audits remain a best practice.

Public Disclosure

Ontario has the authority to publicize serious or repeated ESA violations, which can impact reputation and business relationships.

Director Liability

Directors and officers may face personal liability in serious cases such as wage theft — a reminder to keep compliance visible at the leadership level.

Best Practices for Employers

• Do self-audits regularly across payroll, overtime, vacation pay, and other ESA basics.
• Keep accurate records (hours, wages, leaves) in case of inspection.
• Train HR and supervisors on ESA updates and enforcement trends.
• Consider external reviews if you operate in a complex or fast-growing environment.

Compliance isn't optional — it protects your workers and your organization.