Ask the Legal Experts

by **DoomYoshi** on Wed Dec 29, 2021 10:57 am

This seems like the greatest place to seek legal advice.

On Jan 1, 2022 new rules come into effect in the province of Ontario. One of these laws the Working for Workers Act includes the line "No employer shall enter into an employment contract or other agreement with an employee that is, or that includes, a non-compete agreement." However, one of MLB's teams, two NHL teams and an NBA team employ people in the province of Ontario. All professional sports league contracts have non-compete clauses (one could say that they are fundamentally non-compete contracts rather than employment contracts). What protections are there that these teams won't fall apart now? Can you imagine if Auston Matthews decides to play for another team during the playoffs?

by **Dukasaur** on Wed Dec 29, 2021 11:22 am

This is not a new Act but basically a bunch of amendments to the existing Employment Standards Act.

The ESA has numerous exemptions to various provisions. Just a brief list of some of the categories exempted from one or more sections of the ESA: Police and fire departments, transportation workers regulated under federal law, highway construction and landscaping workers, students in any activity for which they are getting educational credit, election officials, engineers, farmers, shipbuilders, embalmers and funeral directors, etc., etc. It's a pretty long list.

Players in Minor Hockey are already exempt from the ESA. I suspect they will just add a new exemption for Major sports.

by **DoomYoshi** on Wed Dec 29, 2021 1:41 pm

Dukasaur wrote:This is not a new Act but basically a bunch of amendments to the existing Employment Standards Act.

The ESA has numerous exemptions to various provisions. Just a brief list of some of the categories exempted from one or more sections of the ESA: Police and fire departments, transportation workers regulated under federal law, highway construction and landscaping workers, students in any activity for which they are getting educational credit, election officials, engineers, farmers, shipbuilders, embalmers and funeral directors, etc., etc. It's a pretty long list.

Players in Minor Hockey are already exempt from the ESA. I suspect they will just add a new exemption for Major sports.

I don't know if I'm comfortable with the idea of police not being allowed a non-compete clause. That seems like a monopoly of power.

by **DirtyDishSoap** on Thu Dec 30, 2021 11:11 am

Okay, i got one.

Is this wage discrimination?
I'm currently on a Tier 2 system because i was hired on after 2018.
I cannot move up to Tier 1 at any given point but I'm expected to perform the same job/functions as if I'm Tier 1.
Differences between these two tiers?

Less pay. [4 dollar difference per hour.]
Less holidays. (The day before Thanksgiving for example. Had to work that. Everyone else got paid holiday pay including the double time. Me? Normal pay.)
No pension.
Lower matched 401k.
Less benefits.

I'm sure I'm missing something else, but equal pay for equal work.

The catch is, this is what my union and the company agreed on in a contract. Why the union agreed to this insane deal is beyond me, but i can't think that this is legal.

by **mookiemcgee** on Thu Dec 30, 2021 12:32 pm

DirtyDishSoap wrote:Okay, i got one.

Is this wage discrimination?
I'm currently on a Tier 2 system because i was hired on after 2018.
I cannot move up to Tier 1 at any given point but I'm expected to perform the same job/functions as if I'm Tier 1.
Differences between these two tiers?

Less pay. [4 dollar difference per hour.]
Less holidays. (The day before Thanksgiving for example. Had to work that. Everyone else got paid holiday pay including the double time. Me? Normal pay.)
No pension.
Lower matched 401k.
Less benefits.

I'm sure I'm missing something else, but equal pay for equal work.

The catch is, this is what my union and the company agreed on in a contract. Why the union agreed to this insane deal is beyond me, but i can't think that this is legal.

It is absolutely legal! It legal status is even kinda of buttressed by your union agreeing to it.

It's a fucking horrible policy though, designed for different economic times. It's great for the company... up until the time they find it hard to hire new employees into this shitty deal (which is happening now across many industries), compounded by people leaving the company for higher pay elsewhere.

The Equal pay act of 1963 requires you to prove you were discriminated against on the basis of your gender. There are probably similar provision if you can prove it's because of your race or religious beliefs.