Introduction to Employment Law PDF

Introduction to Employment Law ◤ Alicia C. Ramdeo Who is◤ an employee? What determines whether a person is an employee or an independent contractor? ▪ Control; ▪ Ownership of Tools; ▪ Financial Risk/Opportunity for Profit; ▪ Responsibility for Investment & Management; and ▪ Integratio...

Introduction to Employment Law ◤ Alicia C. Ramdeo Who is◤ an employee? What determines whether a person is an employee or an independent contractor? ▪ Control; ▪ Ownership of Tools; ▪ Financial Risk/Opportunity for Profit; ▪ Responsibility for Investment & Management; and ▪ Integration (whether the job is an integral part of the employer’s business). Courts examine all on these factors and determine on a balance of probabilities whether a person is an employee or independent contractor.  ◤ The Employment Standards Act ▪ The Employment Standards Act (the “ESA”) is the applicable Canadian legislation. ▪ Consider whether to agree to the minimums under the ESA since common law remedies may be more favorable to employees than the ESA in certain cases. ▪ The ESA covers both wages and benefits. ▪ A typical clause would read : “If the employment is deemed to be an employer/employee relationship then the minimum under the Employment Standards Act would apply”.  ◤ Independent Contractors ▪ If it is a true independent contractor agreement then hours may not be specified. ▪ Independent contractor may be responsible for paying their taxes etc. ▪ Independent contractors would use their own tools.  Key Terms ◤ in an Employment Contract ▪ Term of Employment. ▪ Termination – what happens if parties terminate before the end of the term. ▪ Responsibilities & Behavioral Expectations. ▪ Vacation/Time Off. ▪ Reporting Lines. ▪ Remuneration. ▪ Financial requirements – to provide receipts, to get approval for spending etc. Key Terms in an Employment Contract ◤ ▪ On –site obligations – use of equipment etc. ▪ Adherence to policies: ▪ Sexual Harrasment; ▪ Cannabis and Alcohol Use Policy; ▪ Health & Safety Policy ▪ Health & COVID ▪ Social Media Policy ▪ Restrictive Covenants: ▪ Non-solicitation; ▪ Non-compete; ▪ Confidentiality/Non-Disclosure  Laws ◤Applicable to Employers Employers are also subject to: - Criminal Laws; - Workplace Safety & Insurance Act ( https://www.ontario.ca/laws/statute/97w16) - Tax Legislation - Guild and Union policies – where applicable Insurance ◤ Certain workplaces are obliged to pay insurance amounts in stipulated industries – the entertainment industry is not a stipulated industry. Employers in the entertainment industry can still elect to pay. Depending on your insurance package opting in may be obligatory. Insurance ◤ Types of Insurance in an Entertainment Package: ❑ Errors & Omissions Insurance; ❑ Workplace Health Insurance; ❑ General Liability Insurance; ❑ Interruption Insurance. Key◤ Contracts in the Industry ▪ Cast Agreements (individual and loanout); ▪ Music Composer; ▪ Crew Agreements (individual and loanout); ▪ Writer Agreements; (distinguish from writing room and staff writer); ▪ Editor, Colorist etc. Which of these are employees and which are independent contractors? ◤ Work for hire/work made in the Course of Employment Clause ▪ “Work for hire” or “Work made in the course of employment” are terms used to denote the work of an employee that is under an obligation to produce said work for the person who hired him. ▪ In employment contracts it will typically say that all work made by an employee in the course of his employment is a work made for hire and is therefore the sole property of the employer. ▪ Example: “X agrees that the Work and any and all materials which X may create, compose, prepare and submit under this Agreement shall be deemed a “work made for hire/work made in the course of employment” and shall be the sole property of Producer. To the extent that the Work is not recognized as a work for hire/work made in the course of employment, X hereby assigns all rights of copyright and copyright renewal in and to the Work and any part thereof to the Producer”. Contractual Language (Independent ◤ Contractor) “Lender and Engagee hereby transfer and assign to Producer all results and proceeds of their services, and Producer is and shall be considered the author for all purposes and the owner of all rights therein throughout the world in all media and method of commerce now known or hereafter devised, in perpetuity, to be used in connection with one or more non-commercial and commercial projects (including, without limitation, the Production) currently known by the above-noted working title” How is copyright assigned? ◤ For assignment of copyright: see Section 13.(4) of the Copyright Act “The owner of the copyright in any work may assign the right, either wholly or partially, and either generally or subject to limitations relating to territory, medium or sector of the market or other limitations relating to the scope of the assignment, and either for the whole term of the copyright or for any other part thereof, and may grant any interest in the right by licence, but no assignment or grant is valid unless it is in writing signed by the owner of the right in respect of which the assignment or grant is made, or by the owner’s duly authorized agent.”