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Need a policy because of a recent regulatory change? We’ve got it for you. Need some quick training on a specific HR topic? We’ve got it for you. HR Insider provides the resources you need to craft, implement and monitor policies with confidence. Our team of experts (which includes lawyers, analysts and HR professionals) keep track of complex legislation, pending changes, new interpretations and evolving case law to provide you with the policies and procedures to keep you ahead of problems. FIND OUT MORE...
Pay No Attention To The Blinking Red Light: Employee Monitoring Laws Announced In Ontario

The Ontario Ministry of Labour has released Bill 88, the Working for Workers Act, 2022. Among other things, this proposed legislation would require employers to adopt disclosure practices related to employee monitoring. Like the recently enacted  "right to disconnect" provisions, these changes to the Employment Standards Act ("ESA") would provide yet another government response to the rise of remote work and its unique dynamics.

The new remote monitoring law would amend Ontario's ESA to require employers with 25 or more employees to adopt a written policy containing information on whether, how, and in what circumstances the employer monitors employee behavior through electronic devices.1 The intent of the law is to provide transparency for workers about employer practices, and to protect worker privacy.

Employee monitoring technology can take a variety of forms, including computer monitoring systems (e.g., keystroke or cursor tracking, or screen recording), GPS systems in com...

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