Overtime class actions in headlines

Policies can help keep employers out of court
By Melissa Mancini
|Canadian Payroll Reporter|Last Updated: 01/15/2013

Class action court cases for overtime have been in the news lately as some major employers have been challenged about their practices for paying.

“The fact that these class action decisions have received significant coverage in the Canadian mainstream press can only raise awareness of hours of work and overtime issues and could lead to an increase in claims,” said Blair McCreadie, a partner at Fraser Milner Casgrain in Toronto.

Fulawka v. Bank of Nova Scotia and Fresco v. Canadian Imperial Bank of Commerce are both cases where “off the clock” work is involved. Employees claim the banks’ policies required approval for overtime before the work took place but that the extra work was required or allowed by the companies despite the lack of formal approval.