Case Note: On Off-The-Clock Overtime Class Actions

In August 2014, an Ontario judge approved the proposed settlement in Fulawka v. The Bank of Nova Scotia, a case we have been tracking since its commencement in 2007 and certification as a class action in 2010.  Under the settlement approved by the court, the employer agreed to pay overtime to claimants who had occupied the positions of personal banking officer, senior personal banking officer, financial advisor or an account manager small business and who had been required or permitted to work overtime without proper compensation.  Claimants were given until October 15, 2014 to file claims.  The terms of the approved settlement agreement included an appeal process for denied claims and an assurance that claimants could not be the subject of reprisals.