Problem
Employers who use independent contractors on a sufficiently exclusive basis may render them "dependent" contractors or even employees. How can employers minimize this risk? Are the franchise owners violating the law by reducing employee benefits (i.e., eliminating paid breaks and requiring payment of part of the cost of dental and health plans)? Is it ethical for Tim Hortons' franchisees to avoid the cost of the increase in the minimum wage by cutting employee benefits?
In 2015, female servers at Ontario and Quebec locations of Bier Market (a chain of restaurants featuring beer on the menu) were told that their work uniform of black shirt and black pants would change to a skintight, sleeveless, short blue dress made of stretchy, sheer polyester and black high heels. After complaints from female servers and a threat to take legal action, Cara Operations, the parent company of Bier Markt reversed the uniform policy. On what basis could the Bier Markt uniform policy have been legally challenged? To what extent can employers legally impose dress codes? Would it make a difference if the dress code is conservative rather than a "sexualized" dress code? Can an employer prohibit tattoo and piercings on employees? Many employees at upscale restaurants are very attractive and slim. Are employers entitled to discriminate on the basis of appearance? Should size and weight be prohibited grounds of discrimination?
A factor in determining whether an employee's social misconduct constitutes just cause for dismissal is the presence of a workplace social media policy. What should a social media policy contain? Should an office romance be just cause for dismissal?