Recipe for class-action overtime lawsuits being perfected

BMO Nesbitt Burns latest employer to be hit with lawsuit
By Ryan Treleaven
|Canadian HR Reporter|Last Updated: 12/02/2013

There is a growing body of case law involving class-action lawsuits for unpaid overtime. Lawyers representing employees are learning from these cases and effectively structuring proposed classes to secure certification — a turn of events that is not welcome news for employers.

In Rosen v. BMO Nesbitt Burns Inc., the Ontario Superior Court of Justice certified a class comprised of current and former investment advisors at BMO Nesbitt Burns seeking unpaid overtime.

These investment advisors are compensated based on the commissions they earn — not the hours they work. As such, Nesbitt Burns does not track or record their working hours and overtime has never been paid.