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.
Ontario's Employment Standards Act provides that in most circumstance, an employee who works more than 44 hours in a given week shall be paid at least one and one-half times his or her regular rate of pay for overtime hours worked. However, this simple rule can become complicated and lead to lawsuits, as several employers have found out recently due to their failure to pay statutory overtime.
I lifted that title from a presentation at the recent Davis LLP employment law update, because I don't think I need to improve on it. The question seems simple, but I'm certain that it has got many employers and human resources departments wishing the handy devices had never been invented! (Okay, maybe not that confused.)