Big news from Ontario on overtime claims – the Court of Appeal will allow claims for statutory overtime by CIBC and Bank of Nova Scotia employees to proceed as class actions.
Fortunately for British Columbia employers, such class actions are still not possible in British Columbia.
CIBC won the first two rounds of the fight, and BNS was hoping to get the same break at the Ontario Court of Appeal. Instead, both class action claims have been certified, allowing the overtime claims on behalf of the banks’ employees to proceed. Subject to appeals to the Supreme Court of Canada, employees … Continue Reading
An earlier post looked at having to pay for on-call time under the Employment Standards Act (British Columbia). This post looks at travel time.
Travel time may be payable, depending on whether the travel is at the direction of the employer. Commuting from home to work and back again is generally not payable, even if using a company vehicle. But time spent going from home to work will be payable if the employee must bring employer-provided materials or equipment from home, move materials from one location to another, or pick up or deliver materials or equipment on the way to … Continue Reading
The Employment Standards Act (British Columbia) prohibits an employer from withholding or deducting any part of wages unless the employee has consented in writing. Problems frequently arise when employment terminates and the employer seeks to recover loans, advance payments (of wages or vacation pay) or other debts from the employee by way of deductions from the final pay.
Watch out for
- poorly documented loan agreements or advances;
- employees taking vacation before it is fully earned;
- adjustments to commission earnings where the amount drawn exceeds the amount earned; and
- accidental overpayments.
For any loan or advance, obtain a signed … Continue Reading