First published on Tuesday, January 7, 2025
Last updated on Tuesday, January 7, 2025
Have you heard the latest news?
Welcome to HR Heartbeat, where we give you a rundown of the week's top employment law stories. Stay on the pulse of current trends impacting your business, plus get up-to-the-minute commentary on all things HR and legal.
Federal immigration policies are changing—here's the scoop on what's changing
Recent updates to federal immigration policy have sent shockwaves through the workforce, especially for employers who rely on foreign talent. Here's what's changing—and why it matters for your business:
1 - "Flagpoling" cancelled
The once-convenient "flagpoling" process, where foreign workers could renew their visas quickly at the Canada-US border has now been cancelled. Scrapping this initiative could mean longer processing times for Canadian residency applications. Longer wait times also mean uncertainty for employees and employers and a decrease in productivity.
2 - CRS points adjustment
Under the Express Entry program, extra Comprehensive Ranking System (CRS) points for candidates with a Labour Market Impact Assessment (LMIA) letter have also been cancelled. While this change aims to reduce fraud, it may also make it harder for employers to support their skilled foreign workers in getting permanent residency, potentially impacting talent retention.
3 - Sweeping new authority for visa cancellations
Newly proposed legislation grants the federal government more powers to cancel any immigration document—including visas and in-process applications—in the name of “public interest”, though this has been criticized by some as being overly vague. This controversial change raises major concerns about procedural fairness, leaving all applicants for status in Canada, (including citizenship hopefuls), vulnerable to random cancellations of their applications without explanation.
Employers will likely have to deal with more roadblocks for hiring and retaining foreign workers, especially those on temporary visas or applying for permanent residency.
With the federal landscape shifting, it's more critical than ever for employers to stay proactive. Get unlimited access to experienced employment relations specialists for advice and answers to your questions on how these changes will affect your current and prospective employees.
Tipping troubles? Not anymore with Alberta's new legislation
Alberta is introducing new laws under Bill 210 to protect employee tips, bringing sweeping changes to how businesses handle them. Once the law takes effect, it will be illegal for employers to withhold or deduct from employee tips.
Tips, voluntary customer payments, and service charges intended for employees must be treated as the property of the workers and shouldn't be counted as part of their wages.
You can still pool your employees' tips, but there are stricter rules now. You'll need formal written agreement, (like a tip-sharing policy), explaining how tips are collected and shared among employees.
Employers can also only be part of tip pools if they perform the same kind of work as their employees—such as serving customers—and only with employee consent. These new rules mean businesses in Alberta will need to review and update their policies, payroll practices, and employment agreements to comply.
Running a compliant business can be overwhelming, that's why you need a frequently updated library of HR documents crafted by experts to make sure you have all the documentation you need to keep up with changes like these.
Big shifts in Saskatchewan's employment standards
The government of Saskatchewan is updating its employment laws to better reflect the needs of its growing workforce and business community.
Amendments to The Saskatchewan Employment Act will introduce changes to balance giving businesses more flexibility and protecting employees.
Here's what Saskatchewan can look forward to.
Employers will soon have more options for scheduling work, including calendar-day scheduling, making it easier to plan shifts
It will now be illegal for employers to withhold tips from employees, reinforcing that tips belong to the people who earn them
The amendments will also limit when employers can ask for sick notes, making it less stressful for employees to take time off when unwell
The thresholds for group terminations will be increased, which could impact how layoffs are managed
Various leave provisions will be extended giving workers more flexibility when they need time away from work
The employment standards director will have more authority to address discriminatory actions by employers, providing stronger safeguards for employees
These updates are part of Saskatchewan's effort to modernize employment laws and ensure they keep up with the province's changing workforce. For employers, now is the time to review your workplace policies to ensure you'll be ready to comply when these changes take effect.
And that’s a wrap! Come back next time for more HR news so you stay ahead of major employment law changes.
