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This article assesses whether a deterrence gap exists in the enforcement of the Ontario Employment Standards Act (ESA), which sets minimum conditions of employment in areas such as minimum wage, overtime pay and leaves. Drawing on a unique administrative data set, the article measures the use of deterrence in Ontario’s ESA enforcement regime against the role of deterrence within two influential models of enforcement: responsive regulation and strategic enforcement. The article finds that the use of deterrence is below its prescribed role in either model of enforcement. We conclude that there is a deterrence gap in Ontario.
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Employment Standards (es) legislation sets minimum terms and conditions of employment in areas such as wages, working time, vacations and leaves, and termination and severance. es legislation is designed to provide minimum workplace protections, particularly for those with little bargaining power in the labour market. In practice, however, es legislation includes ways in which legislated standards may be avoided, including through exemptions that exclude specified employee groups, fully or partially, from legislative coverage. With a focus on the Ontario Employment Standards Act, this article develops a case study of exemptions to the overtime pay provision of the act and regulations and examines in closer detail three specific areas in which exemptions apply. Through this study of the overtime pay exemption, the system of exemptions is presented as a contradictory approach to the regulation of es that, in effect, reduces es coverage, contributes to the avoidance of key legislated standards, and undermines the goal of providing protection for workers in precarious jobs.
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This article critically assesses the compliance model of employment standards enforcement through a study of monetary employment standards violations in Ontario, Canada. The findings suggest that, in contexts where changes to the organisation of work deepen insecurity for employees, models of enforcement that emphasise compliance over deterrence are unlikely to effectively prevent or remedy employment standards violations.
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The nature of employment is changing: low wage jobs are increasingly common, fewer workers belong to unions, and workplaces are being transformed through the growth of contracting-out, franchising, and extended supply chains. Closing the Enforcement Gap offers a comprehensive analysis of the enforcement of employment standards in Ontario. Adopting mixed methods, this work includes qualitative research involving in-depth interviews with workers, community advocates, and enforcement officials; extensive archival research excavating decades of ministerial records; and analysis of a previously untapped source of administrative data collected by Ontario’s Ministry of Labour. The authors reveal and trace the roots of a deepening "enforcement gap" that pervades nearly all aspects of the regime, demonstrating that the province’s Employment Standards Act (ESA) fails too many workers who rely on the floor of minimum conditions it was devised to provide. Arguably, there is nothing inevitable about the enforcement gap in Ontario or for that matter elsewhere. Through contributions from leading employment standards enforcement scholars in the US, the UK, and Australia, as well as Quebec, Closing the Enforcement Gap surveys innovative enforcement models that are emerging in a variety of jurisdictions and sets out a bold vision for strengthening employment standards enforcement. -- Publisher's description. Includes: Notes -- Supplementary Information on Quantitative and Qualitative Methods: Ontario Component -- Three appendices -- Bibliography -- Index. Contents: Mapping the enforcement gap : historical and contemporary dynamics / John Grundy, Leah F. Vosko -- Part 1: Charting the Employment Standards Enforcement Gap in Ontario. Responsibilization, reprisal, and (non)remediation : interrogating the role of an individualized complaints system / Guliz Akkayamak, Andrea M. Noack, Leah F. Vosko -- Administering complaints : dilemmas of accountability / Guliz Akkayamak, John Grundy, Leah F. Vosko -- Recovering employees' wages? / Rebecca Casey, John Grundy, Andrea M. Noack, Leah F. Vosko -- The contradictory role of workplace inspections / Alice Hoe, Andrea M. Noack, Leah F. Vosko -- The deterrence gap : towards an explanation / Alan Hall, Eric M. Tucker -- Strengthening participatory approaches to enforcement / Guliz Akkayamak, Shelley Condratto, Kiran Mirchandani, Urvashi Soni-Sinha, Mercedes Steedman, Mark P. Thomas. Part 2: Views from Elsewhere: Contextualizing the Employment Standards Enforcement Gap in Ontario. Enforcement of wage recovery in Britain / Nick Clark -- Out of the shadows and into the spotlight : the sweeping evolution of employment standards enforcement in Australia / Tess Hardy, John Howe -- Enforcing employment standards in Quebec : one step forward, two steps backward? / Dalia Gesualdi-Fecteau, Guylaine Vallée -- Strategic enforcement to confront wage theft in the US : an insider account / David Weil -- Improving protections for people in precarious jobs / Leah F. Vosko.
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