Unpaid overtime: Are you being short changed?
In a class action lawsuit filed last week in California, disgruntled workers allege that United Parcel Service, the world's largest package delivery service, owes them as much as $100 million in unpaid overtime wages. And they’re not alone.
Short staffing, as well as problems recruiting and retaining good employees, are leading an increasing number of those who actually still have jobs to complain about excessive overtime and too many weekends being eaten up by work.
And the credit crunch is only making the situation worse, with many employees feeling they have to 'go the extra mile' to protect themselves from job loss. In fact, two-thirds of respondents to a recent Conference Board survey said overtime compensation concerns have been raised by employees (11 per cent), management (20 per cent), or both (33 per cent) over the past year.
In Canada, several companies – including accounting firm KPMG, CIBC, Scotiabank and CN – have been hit with their own unpaid overtime lawsuits. Click here if you a similar beef and would like to join in, keeping in mind that the CIBC suit has hit a bit of a roadblock recently thanks to an Ontario Superior Court ruling that it didn't meet the test to be a class-action lawsuit.
The other cases are ongoing, however.
Purportedly, employees at KPMG were given instructions from their managers that they were to charge more hours per week than they were permitted to work under applicable provincial legislation, reports the Bottom Line, a trade paper for accountants.
“Accordingly, when management at KPMG told employees to charge 50 and 60 hours per week, management was aware that such employees would be required to work between 65 and 90 hours to complete such charge requirements,” the suit alleges.
When it comes to overtime, what are things like where you work?
By Gordon Powers, MSN Money
Posted by: Don | Sep 1, 2009 5:26:37 PM
Call the labour board if you are not being paid for the time you have worked! This recently happened to me and I left the company (with my OT dollars in hand). I was making less than minimum wage when you took into account the amount of hours I worked. I asked for help and they said "no". I asked if was going to get paid or get time off for the extra hours. They said "no"...if you dont like it walk" This has happened to me more than once. The first time I did it for 10 years before I spoke up and my employer at the time told me "If you were stupid enough to do it....why wouldnt we take advantage of it?"
I am no longer "stupid" enough.
Do not allow yourself to be used like this. Give and take is one thing. Sometimes a little extra needs to be done to meet a deadline, please a customer. Often it is lining the pockets of managers who get bonus's if they keep under unrealistic wage costs. In my case the company was shocked and immediatley dealt with the situation.(I went above their heads to a corporate office) I left because although they did compensate me they did not deal with the manager. I left and he is still doing the same thing to people in his employ. They did make him come and speak with myself and another person who complained. He said he knows the law, just chooses not to follow it. He said there are more people out there who will just do it than there are who will complain.
People...start complaining!
Maybe if the government starting giving large fines companies who do not follow the laws that are in place, it would not be worthwhile for them to continue. The money from their fines could go back into the EI system for the people who were forced to leave their employment due to this kind of treatment.
I dont know what, if any, disicplinary actions these companies face for not complying with the law.
Posted by: Overtime worker | Sep 3, 2009 10:49:56 PM
Worked overtime alot for a company for 15 years. Promoted with titles and new bosses as well with 2% increments every few years.
2 percent of nothing by the way is nothing....lol
15 to 20 hours overtime a week.
No written record, so no recognition...
What a waste of time and dignity.
Jobs getting tight, new boss started then No Job today!!!!
Please, whatever you do, please keep track of your hours and put in for them.
I regret this very much!!!
Posted by: Getting Screwed Too | Sep 21, 2009 1:09:30 PM
I work for CN as a supervisor. For the past 7 years, I haven't been paid for Statutory Holidays or the extra shifts I am required to work. This is illegal under the Canada Labour Code but CN doesn't care. They have threatened to fire colleagues of mine for trying to take the complaint up the ladder within the company or for contacting the Labour Board. They have legal staff on salary and will be only too happy to give them something to do for their money while they fight your unjust dismissal suit in court. I figure they owe me in the neighbourhood of $36,000 over this time period. This is why there is a class action lawsuit going on right now against CN. I can't even sign my name to this letter for fear of retaliation.
Posted by: k | Oct 27, 2009 2:36:04 PM
well i work for the automotive industry and i have to be at work 1.5hrs early to do 'extras' which as my company calls it 'benefit me and my day" and then i have to stay 1-2 hrs after work which is already a 10hrs shift and attend meetings...so i put in 10hr work day to which i do get paid and 2-3 extra hrs a day for the company to which i do not get paid.....13-14hr day....feeding my kids dinner at 8:30 at night is not pleasant....government needs to put a regulation in against companies making people stay...cap out overtime....so because of my longing for a better and more attentive home life my work suffers in the long run. the most successful companies are those that are family friendly and have an even life/work balance.....anyone know the names of these??