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21 Canadian Lab. & Emp. L.J. 267 (2018)
A Tattered Quilt: Exemptions and Special Rules under Ontario's Employment Standards Act

handle is hein.journals/canlemj21 and id is 275 raw text is: A Tattered Quilt: Exemptions and Special Rules under Ontario's Employment Standards Act Leah F. Vosko, John Grundy, Rebecca Casey, Andrea M. Noack & Mark P. Thomas* The development of employment standards legislation in Ontario has his- torically been shaped by a tension between the competing goals of establishing a minimum floor of protections for employees and minimizing interference with employers' business practices. This tension has resulted in the establishment of numerous exemptions from the legislated minimum standards based on the perceived needs of particular industries, sectors or occupational groups. The growth of the patchwork of exemptions has been accompanied in recent dec- ades by the spread of precarious employment, with particular effects on women, recent immigrants, and young people. By examining specific occupations subject to an exemption from or special rule regarding the minimum wage, this article reveals the disproportionate costs of exemptions for certain groups of employ- ees. Through an in-depth look at the cases of homecare employees, liquor serv- ers, and agricultural employees, it demonstrates how exemptions and special rules can exacerbate insecurity for those in occupations characterized by high degrees of precariousness, and often otherwise subject to disadvantage in the labour force. * Leah F. Vosko is Professor of Political Science and Canada Research Chair in the Political Economy of Gender & Work at York University. John Grundy, PhD., is a co-investigator in Closing the Enforcement Gap: Improving Employment Standards Protections for People in Precarious Jobs. Rebecca Casey is an Assistant Professor in the Department of Sociology at Acadia University. Andrea Noack is an Associate Professor in the Department of Sociology at Ryerson University. Mark P. Thomas is Associate Professor in the Department of Sociology at York University. Some of the analysis presented in this paper was conducted at the Toronto RDC, which is part of the Canadian Research Data Centre Network (CRDCN). The services and activities provided by the Toronto RDC are made possible by the financial or in-kind support of the SSHRC, the CIHR, the CFI, Statistics Canada, and the University of Toronto. The views expressed in this paper do not necessarily represent those of the CRDCN or of its partners.

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