Last week it was announced that BMO Nesbitt Burns Inc. is the latest employer to be faced with a class action for unpaid overtime.
In allegations yet to be proven, Yegal Rosen, an Investment Advisor with the Bank, has filed suit accusing BMO of fostering an environment wherein Investment Advisors, Financial Representatives and Investment Consultants were pressured to work excess hours without being paid overtime.
Similar to Brown v. CIBC World Markets, the message for employers is that plaintiffs' lawyers have moved from the traditional wage and hour workforce that "punches a clock" into highly-paid, white-collar professionals. Given the pressures brought on by the financial downturn, it appears that this sector of Ontario's workforce is considered particularly fertile ground for overtime class actions.
While neither suit has yet achieved certification in Ontario courts, it is obvious that plaintiff lawyers are willing to invest in the likelihood that current barriers to certification can be overcome.
As a reminder to organizations generally, employees staying connected with smartphones and other mobile devices creates an added potential for exposure to overtime litigation. A key preventative measure against any of these suits is to audit your overtime policies and the way they are implemented in your organization. Our final cautionary note to you is that, as publicity mounts, this type of litigation is unlikely to subside at any time in the near future.
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