Tag: overtime

BlackBerry® and iPhone® Use May Lead to Overtime

In today’s technological climate, it seems that almost every employee, from the CEO to the rank-and-file worker, uses some type of personal digital assistant (PDA) or BlackBerry® device. PDAs, BlackBerries®, iPhones®, and other so called “smart phones” have a number of uses: calculator, clock, calendar, video recorder, address book, word processor, radio, and even Global […]

Overtime and Wage Lawsuits: Potential Liability for Most Employers

Many employers are shocked when they see how quickly a single complaint by an employee for unpaid overtime can turn into a collective-action lawsuit under the federal Fair Labor Standards Act (FLSA) and state labor laws. Unlike discrimination claims filed under Title VII of the Civil Rights Act of 1964, there is no requirement that […]

Correctly Classifying a Worker as an Independent Contractor

by Tracey A. Cullen It’s no news flash that companies must proceed with caution when classifying someone who provides them with services as an independent contractor. Independent contractors are paid flat fees without tax deductions or employment taxes. Employees are paid salaries subject to withholding, FICA, FUTA, and other employment taxes and are protected under […]

New Defense Against Overtime Class Actions Confirmed

by Donovan Plomp McCarthy Tetrault The British Columbia Court of Appeal just issued an important decision about an employee’s right to make a statute-based overtime claim in a civil action. The decision, Macaraeg v. E Care Contact Centers Ltd., should make BC employers very happy. And it may provide a new defense to overtime pay […]

Preventing Unauthorized Overtime by Employees Working From Home

In a society that’s increasingly dependent on technology, it’s important to consider some of the problems that could arise for technologically savvy employees who are allowed to work from home. Some employees who work away from the office by using devices like laptop computers, BlackBerries®, iPhones®, cell phones, and pagers will claim they worked overtime […]

Wage and Hour Compliance Essentials for Employers

by Kara Shea Wage and hour compliance issues are probably the single greatest source of worry (and sleepless nights) for employers, at least those who are reading the headlines. In the last several years, employers around the country have been hit with huge damages awards in wage and hour litigation or have agreed to pay […]

Retail Sales Exemption to Federal Wage Law

by Kara Shea Typically, when employers consider whether their employees are exempt from federal overtime pay requirements, they think in terms of the “big three” exemptions — administrative, executive, and professional, collectively known as the “white-collar” exemptions. When reviewing job positions, classifying new positions, or conducting an internal audit, however, remember to consider some lesser-known […]

Class-Action Lawsuits Filed Against KMPG, CIBC, Scotiabank

By Trevor Lawson and Donovan Plomp McCarthy Tetrault Although large employment-related class-action lawsuits have become commonplace in the United States, until recently they were virtually unknown in Canada. The relative peace enjoyed by Canadian employers on this front was shattered with a $651 million class-action lawsuit filed in June 2007 against the Canadian Imperial Bank […]

Just Say No to Comp Time

by Kara Shea I hear it all the time: Our employees want comp time; our employees like comp time. Why can’t we give them comp time? And time and time again, I have to deliver the unpleasant news: In most cases, even if your employees love comp time like they love ice cream sundaes and […]