Overtime class actions given green light

Supreme Court of Canada will hear claims by Scotiabank and CIBC employees
By Ronald Minken
|Canadian Employment Law Today|Last Updated: 05/15/2013

On March 21, 2013, the Supreme Court of Canada ruled for the first time that employee class actions for pay for “off the clock” overtime work can proceed under the Class Proceedings Act of Ontario.

In Fulawka v. Bank of Nova Scotia and Fresco v. Canadian Imperial Bank of Commerce, the employees relied on the Canada Labour Code, which requires employers to pay, at minimum, 1.5 times an employee’s normal hourly rate for overtime hours that an employee is “required or permitted” to work.