Overtime And Hours Of Work Violations In Class Action Litigation

Did you know? Employers who unwittingly violate hours of work and overtime requirements of employment standards legislation can be building up huge financial liability.

Although hours of work and overtime provisions themselves may seem straightforward, their practical application can be complicated and confusing. This is particularly true where employee pay is not based on an hourly wage. Several recent cases have shown that where non-compliance is widespread and affects a number of employees, an organization may find itself embroiled in class action litigation.

The case Fulawka v. Bank of Nova Scotia is an example.¹ The plaintiff brought a class action lawsuit on behalf of personal bankers, financial advisors and other employees at Bank of Nova Scotia seeking damages and injunctive relief, alleging that the bank's overtime policy constituted a breach of contract, unjust enrichment, breach of duty of good faith and negligence. The policy required eligible employees