Canadian National Railway is facing an overtime class action lawsuit alleging that some employees worked overtime hours without getting paid.
Law firms Sack Goldblatt Mitchell LLP and Roy Elliot O’Connor—co-lead counsel on the CIBC and Scotiabank unpaid class actions—say the suit covers more than 1,000 present and former CN first line supervisors across the country.
The lawsuit alleges that the company misclassified first line supervisors as management employees in order to escape its obligations to pay overtime under the Canada Labour Code.
It also alleges that CN first line supervisors are routinely required to work hundreds of hours of overtime annually for which they are not paid.
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The Canada Labour Code requires federally regulated corporations, including CN, to pay overtime to their non-management employees,” says Louis Sokolov, partner, Sack Goldblatt Mitchell LLP. “Employers are not permitted to simply call someone a manager to avoid their obligations under the Code.”
The allegations in the statement of claim have not been proven in court and no statement of defence has been filed by CN.
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