Daniel Lublin appeared on CTV News on Friday, March 22, 2013 to comment on the Supreme Court’s recent decisions in two high-profile class-action lawsuits regarding the issue of unpaid overtime. In those cases, the Supreme Court upheld the lower court’s decision allowing these cases to go to trial. The cases involve allegations of unpaid overtime for hundreds of non-managerial employees at Scotiabank and CIBC. Although these specific cases involve federally regulated employees, Mr. Lublin applauded the national press, which has been dedicated to the growing problem of unpaid overtime, commenting that the attention they have garnered has resonated with both employers and employees across the country. However, he stressed that despite this increased awareness, it is still all too common for employees to work overtime hours without being paid for it. Mr. Lublin recommended that employees meticulously document the hours they work and inform their employers that they have a right to be paid for any overtime hours in accordance with the applicable legislation.
Unpaid Overtime Legislation
In Ontario, the Ontario Employment Standards Act governs the terms and conditions of employees who are provincially-regulated. This legislation requires that eligible employees be paid for all working time over and above 44 hours per week, which must be paid at 1.5 times their regular wages. It carves out exceptions for managerial employees and various professionals exempt from the mandatory payment of overtime. As one might expect, the Act also prohibits employers from penalizing employees who seek to enforce their right to collect overtime pay. Federally regulated employees – like those who work in the banking industry – are subject to the overtime provisions of the Canada Labour Code, which requires the payment of overtime after eight hours in a day and 40 hours in a work week.
For a detailed review of the decision, catch Daniel Lublin on CTV News here.