overtime exemption

Overtime class action certification order slammed by Court of Appeal

July 4, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation, 0

Ontario’s Court of Appeal has just decided that the overtime pay claims of a group of front-line supervisors at Canadian National Railway lacked commonality; hence, overturning a lower court decision that had certified a “misclassification” overtime class action against CN. The supervisors claim CN excluded them from overtime pay by calling them “managers” when they were not.

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CIBC investment advisors unpaid overtime class action not appropriate for certification

May 8, 2012 Christina Catenacci Employment/Labour Standards, Human Resources, Payroll, Wages and Compensation

Another group of CIBC employees wanted to certify a proposed class action involving unpaid overtime, where the employees alleged that CIBC classified them wrongly as ineligible for overtime pay. The Ontario Superior Court of Justice decided that this action was not suitable for certification as a class action because there was no commonality between class members (it could not be decided on a common basis).