Since 2012, "overtime" class actions have been
successfully certified in Ontario but were limited to certain
areas. Recent additional certification success suggests we
are likely to see more such claims.
At a basic level, the "overtime" cases involve a
plaintiffs' class of employees claiming damages as a result of
an employer's alleged failure to compensate them for
"overtime" work as required by statute. The
"overtime" generally falls into one of two categories:
"off the clock" claims, which centre on an employer's
policies or practices that are alleged to result in the systemic
denial of fair compensation to employees, or
"misclassification" claims, which centre on allegations
that the employees at issue have been intentionally misclassified
as "managers" in order to avoid mandatory overtime pay
provisions.
