The Use Of Class Actions To Enforce Employment Standards Obligations

The class action is frequently used in the United States to pursue employers who have policies or practices that breach legislative requirements in the area of employment, including the payment of wages. Large judgments have been obtained in the United States against employers for systemically failing to pay overtime wages owed to employees for work performed.¹ A jury in Pennsylvania awarded Walmart employees $78 million in October 2006 in connection with overtime wages.

Class proceedings legislation was introduced in the Province of British Columbia on August 1, 1995²; in Saskatchewan on January 1, 2002³; in Manitoba on July 25, 2002⁴; and in Alberta on April 11, 2004⁵. To date, there have been fewer than 20 class proceedings in Western Canada in connection with the employment and pension obligations of employers.