McInnes Cooper Employment

Group Seminar

Employment Class Actions: Coming Soon To An Employer Near You?

Tara Erskine

November 17, 2009

• Employment class actions in the US

– Hundreds of millions of dollars ordered to be paid by employers

• Advent of employment class action claims in Canada

– CIBC, Scotiabank, E-care

• Be aware of legislative requirements in your jurisdiction, ie.

– What positions are exempt under NS Labour Standards Code?

– Do managers have to be paid overtime?

– Who is a manager?

• Conduct a comprehensive audit of current OT policies to determine if compliant, and if followed in practice

• Ensure managers are keeping accurate records of all hours worked. Can’t defend complaint if no records.

Class Actions on Overtime