Last week, the Government of Canada passed the Regulations Amending the Employment Equity Regulations (the “Amended Regulations“) introducing new pay transparency measures, effective January 1, 2021. The Amended Regulations aim to clarify and improve the data gathering processes that govern the reporting of salary data by federally regulated employers with 100 or more

Earlier this year, we wrote about the US Department of Labor’s (DOL) publication of the Final Rule, which significantly increased the minimum salary an employee must earn to qualify for the “white collar” exemption and the highly compensated employee exemption under federal law (see our blog post here). However, on November 22, 2016, a 

Canadian businesses with operations in the United States should be aware of recent and significant changes to the overtime rules. Yesterday, the US Department of Labor (DOL) published the long-awaited amendments to the “white collar” exemptions for executive, administrative, and professional employees, as well as the provision governing highly-compensated employees.  The Final Rule significantly increases the minimum salary an employee must earn to qualify for a white collar exemption and for the highly compensated employee exemption under federal law.  The increased minimum salary must be implemented by December 1, 2016, which gives employers approximately 200 days to prepare for and comply with the Final Rule.
Continue Reading US Department of Labor Publishes Final Overtime Rules

Since 2007 there have been five significant overtime class action cases in Canada.  Two of these cases have been labelled “off-the-clock” cases — cases in which employees allege they were expected to work overtime without being paid for it.  Both off-the-clock class actions were eventually certified.  One of those cases has now settled.

The remaining three overtime class actions are “misclassification” cases in which employees allege that their employer misclassified them as exempt from statutory overtime entitlements.  Courts have been more reluctant to certify the misclassification cases because, in a majority of those cases, the proposed plaintiff class has not been sufficiently similar to justify a class action proceeding.

The Ontario Court of Appeal’s recent decision in Brown v. Canadian Imperial Bank of Commerce confirms the prevailing view that employers are most vulnerable to issues that arise when their employees’ hours are not properly monitored, recorded, enforced or compensated.  Employers continue to be liable to individual employees for misclassifying them as “overtime exempt”, but it is less likely that such misclassifications will give rise to the added liability that is associated with a class action.
Continue Reading Ontario Court of Appeal Refuses to Certify Another “Misclassification” Overtime Class Action