First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

class action suit

By | 3 Minutes Read

Did bringing a class action over changes in post-retirement benefits just get easier?

On January 16, 2014, the Supreme Court of Canada released its long-anticipated decision in Vivendi Canada Inc. v. Dell’Aniello. The decision affirmed the Quebec Court of Appeal’s 2012 judgment certifying a class proceeding by retirees of Vivendi Canada (formerly Seagram) and their beneficiaries over the company’s unilateral reductions in their post-retirement health and welfare benefit coverage.

By | 2 Minutes Read

Denny’s temporary foreign workers employment standards class action suit gets certified

The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off...

By | 3 Minutes Read

After hours access to work may lead to overtime claims

We’ve been hearing lately that in the United States employers are being held liable to employees for overtime compensation for using PDAs/BlackBerrys after hours for work and for checking work-related emails. We've been made aware of four such class action suits by employees that allege, among other claims, that the company provides them with BlackBerrys or other smart devices, and that they are required to review and respond to work-related emails and text messages at all hours of the day, amounting to 10 to 15 overtime hours per week.

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