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: Wage Stealing is Fraud | Aug 28, 2021 10:24:19 PM
I know from personal experience that CN Rail is among the worst offenders and deserves to be brought to court.
Any worker that "tries" to steal 10 mins from the company faces firing.
How is CN being held accountable for stealing workers' money from their families?
Fraud is not too strong a word for what CN does - in denying pay to the MANY MANY workers under them! And benefiting themselves for their manager's extra paid weeks vacation.
Posted by: Ian Taylor | Aug 29, 2021 1:22:50 AM
When my daughter worked at WalMart about 3 years ago at the end of her shift say from 4-9 she had to stay til 10 or 11 pm to do extras .
When she asked why she isn't being paid for those extra hours . It is part of your job to stay extra and finish up her manager said .
It seems this was a normal way of doing things at WalMart according to several other part time employees.
They also put in extra hours without pay.
Normal it isn't it's just WRONG .
Posted by: s de vries | Aug 29, 2021 5:13:33 AM
where i work it is almost expected to stay and finish my work
the hourly workers go home when the time is up and the salaried managers gets to stay until the dept looks good
the biggest offenders are the big box stores they thrife on salaried managers because they know that we have no union protection , other jobs are hard to find and they know that they dont have to pay us because they didnt come out directly and told us and if they do they always say to take an extra day of next week but as you all know there is alway;s another emergency then
Posted by: c.james | Aug 29, 2021 6:27:17 AM
When I worked at Greenearth it was expected for managers to work well over 44 hrs a week(without overtime pay),and at busy times of the year the former manager would easily put in well over 65 hrs/week. Boxing Day salaried employees were forced to work a 12 hr shift so as to avoid paying them holiday pay at time,and1/2. When I was manager,and went on to salary I was strongly encouraged to sign the 'Variance of hours" form which basically meant I would work well over 44hrs/week with no right to overtime pay. The most shameful act the company committed when it came to pay was when I worked a few hrs less than 40/week they actually would change my pay to hourly,and only pay me for the exact # of hrs worked.Then when I did work well over 44hrs/week I was put back on salary!! This company has lost many hardworking staff due to such pitiful antics,and the most shameful part of this is it's a Canadian company.
Posted by: ToNote | Aug 29, 2021 10:35:36 AM
It is important to note that no matter what agreement that is signed, if it is in violation of labor code it is null and void.
So even if you sign 5 contracts all convoluted that basically state you will work 60 hrs for 40 hrs pay, but you keep a detailed record of start end times, what you did, a log, and a comparative to your pay stubs, the labor relations board will drop on these clowns like an anvil...
Just be prepared to be blacklisted from the company. But hey - to all you people that think unions are bad, inefficient, and evil, remember they are nothing more than a collective of manpower, just as a company is just a collective of manpower and EQUIPMENT. And I work in a union and I get paid for what I work - go figure?
Posted by: Mailman | Aug 29, 2021 10:44:05 AM
This is why we shouldn't be so quick to slam unions. I am a worker at Canada Post and, because of our strong union, I get paid for EVERY minute of overtime I work (especially during the winter because of snow or Christmas volumes). Sometimes management gripes but they know if they don't pay me now then I will just file a grievance and eventually cost the company much more at a later date when I win my grievance.
If you work at a company without a contract or a weak union then I would advise you to keep track of everything and get yourself a labour lawyer who specializes in these matters. Solidarity Forever!
Posted by: Dave | Aug 29, 2021 11:36:11 AM
I would be very interested in learning of a case of "fair" management in the private sector, where EMPLOYEES are actually treated as a company's greatest asset.
On the other side of the extreme, it would be interesting to learn of a public service (or any union) environment where ambitious workers were encouraged and incentivized to work ultra efficiently and in an entrepreneurial manner.
Posted by: Sir Richard | Aug 29, 2021 12:19:04 PM
Working for someone else these days is a terrible road to hough. Management knows jobs are hard to find and many more persons are competing for them making an employee a trapped commodity. How would you like to work +60 hours a week and be paid for 40 hours; you are told it is part of your job description and is expected of you.
That is a bunch of bull-crap. The time is rapidly coming where the employees are going to wake up in anger and simply walk away from the employment, for what it is worth. No longer will there be an employee with a sense of responsibility towards the company and do the little extra without expecting immediate compensation. It is happening as we speak.
These days are rapidly disappearing and the employer will pay dearly. Take for example, years ago a major commercial airline found itself in a strike situation. The grounded aircraft were sitting on the ground for too long a period and needed to be moved periodically, for nothing more than to save the shape of the costly tires on the landing gear. The pilots were asked to move the grounded aircraft from time to time and did so, on a rotational basis, and at no expense to the carrier. Move some twenty years to the present. The carrier would not even dream of asking the pilots to do the same in the event of another strike. The answer would be a big NO.
What comes around, goes around. If employers continue to treat employees with disrespect, treat them with disdain, treat them with harrasment, over work them without proper compensation.... all hell will break loose. When that happens, do not turn to the public for support. The employee deserves the support.
What really ires me is the employee who takes weekly deductions from the pay cheque but fails to submit them. Only when a T4 is issued does the employee see the fraud. In my instance, it was too late as the owner put the company into bankruptcy protection and then closed it down. Eventually, the Crown came to me and demanded I pay the deductions. After a period of 18 months, arguing, shouting and even yelling I knuckled under and borrowed money to pay aff the amounts unpaid, included interest and penalties. What started out as $8k outstanding amount ballooned to a $12k payment on my part. There is little chance of my recovering this money, thanks to a crook portraying itself as an employer.
Posted by: willy | Aug 29, 2021 12:28:55 PM
well, whine all you want. i all ear about is how bad a union is. if you had one, this would not happen\!!!!!!!!!!!
stand up for your rights,,,,,,,,
form a union
report your company to the labour board
do something instead of whine
do not worry all your jobs are moving to china, like everyone els
maybe if you stand up now, thye won't
Posted by: nilly | Aug 29, 2021 12:31:09 PM
i love the mail man, someone that makes sense......way to go mailman
Posted by: Thorn | Aug 29, 2021 2:07:15 PM
I cant count just how many employers over the years have done the very same to me, but it must be somewhere in around 85%. If an employer can get you to work for nothing, they sure as hell will! Bottom line for the employee is that the employer is a thief. In the past when i have chosen not to work excessive (more then 30 mins a day to me is excessive, it's half an hours wage, multiply that by a week or month) overtime, I have usually been let go from the job and branded as a "non-team player" because I refused to waste MY time when I had other things planned for after work. Even though I have lost numerous jobs because of this type of scam I REFUSE to work excessive overtime for anyone who thinks it's "part of the job". If it truly WAS part of the job it would mean I would be compensated properly for ALL my time. The employer is the first person to expect job deliverence from me, but as an employee I couldnt expect them to pay me for the time I spent working for them.
Basically what Im trying to say is that employers are ALL scam artists to some degree. They know they can push you and you will buckle if you need/want the job.
Is anyone surprised I am job hunting again, lol:)??
Posted by: L Cline | Aug 29, 2021 2:39:28 PM
i am working for a company whos paying me less that i was making when i got out of highschool...30 years ago. our pay was cut 25% after the previous owner sold out in june, i think there should be a law to protect the working poor, i sometimes look at the native population and think of their sweet work free lifestyle in envy...like they say if you can't beat em join em...hmmm
Posted by: RW | Aug 30, 2021 7:16:43 PM
Most chartered accountant firms expect their employees to work unpaid overtime. We are told it is 'factored' into our salary. Unfortunately when the new CA factors the OT into his salary, he realizes on an hourly basis that the $35-40,000 starting salary is really just a tad above minimum wage. In my first four years I averaged over 500 unpaid hours per year. I transferred to a smaller CA firm that actually pays OT to employees. Irregardless, time and a half and overtime premiums - although required by law - will probably never exist in the industry and we will continue to wonder why so few people are interested in becoming a CA.
Posted by: Gary S. | Aug 31, 2021 2:34:25 AM
Most employers would not turn down the opportunity to get free labour, any more than a freeloader would hesitate to accept money. It is human nature. But should an employee expect to be paid for every minute of their time at work, horror of horrors! No matter what your employer pays you, it is never going to be more than a fraction of the work's value. Otherwise your employer could not make money from its capital investment. Of course employers are never satisfied with a modest return on investment.That's why workers are now called "Resources". (As in "resources exist to be exploited.) In fact employers are seldom content with any steady return that does not increase annually. Each year they expect more and more productivity from their workers, but with no corresponding increases in pay. Canadians have become the most productive workers in the world, but employers deny it time and again, as they pocket record profits. Again, human nature kicks in. But let a worker demand more, and we hear cries of "Greed!" Here's my opinion: Demand more money for increased work, form a union and make the corporate welfare bums pay.
Posted by: Troope. C | Aug 31, 2021 3:54:20 AM
Well just as a different point of view, consider the self-employed. If they do not put in the extra hours into their company, it will tank, so they do. It is in their interest. Now, what about having a partner, the two of you try to put as much energy as you can into your business just to make sure it works. If one doesn't it will probably tank. Now let's consider a small collective, you all put as much effort as you can because if you don't it will tank. While bigger conglomerates can absorb more workers who are not involved in their work, generally people do not feel as integral to the survival of the company that they belong to. They feel as though, that in the grand scale of the company, they are but an insignificant cog. You should feel a certain amount of investment in your company and while I do feel its wrong to be forced to work hours you are not being paid for, I do feel that people should want to go beyond the bare minimum and give their job their all. I know that in the company I work for, I have spent many a day lolligagging about when it was slower and I think of those times when we have an unexpected increase of work at the very end of the night. We are a smaller company and many of my coworkers and myself will come in on our days off to volunteer our time to try to make our work place a better place. I think that if more people did that and thought less of just themselves, the companies they work for would be better off. In reality even the biggest company is just X lazy workers away from bankrupcy!
Posted by: RB | Aug 31, 2021 7:57:29 AM
How would you like to earn $23K per year, be responsible for the operation of a small company, perform all office duties, sales, job quotes, customer service and be responsible for an incapacitated boss, then when the boss returns healthy after nine months be given a thank you card with with an offer to use his time share condo for a week. (Not including expenses)
Posted by: rt | Aug 31, 2021 8:20:04 AM
as far as someone who owns thier own buissness they are payin themselves hence more they put in the more they work and it is not the issue of putting more into your job that is being disscussed rather the opposite it is not being given the option and being forced. in many jobs in the past i have gone in and given a extra hand. which i did not mind i volentered i knew i would not get that money. but i have also worked in the club industry where u can be expected to work 3 4 hours closing at the end of night and they do not pay nedless to say when i found that out i was not there very long.as long as there is buissnes there will be someone to try and use u for free. and i do agree unions are needed in big companies especially call centers where so many things happen under the radar. when u are one person in 900 at ur one building no one cares about u. we no longer live in a age of job security and employers know that so they use it against people to force them to do free labor....
Posted by: Isabelle Morin | Aug 31, 2021 8:24:56 AM
Don't count on the Government, the Judicial Department, the Labour Board, the Unions, the Lawyers or the Employers to help you on the issues of forced and unpaid overtime, Harrassment and Discrimation, Equal Pay for Equal Work, et cetera, et cetera, on the job. If you work in Ontario, Canada, all of them work together to violate workers' rights. And the biggest culprit of them all is our Government bureaucrats. They break all the laws and, in so doing, they get rewarded or promoted. What is left for workers to do? Get all together and put pressure on your government representatives to have the laws enforced and involve the Media.
Signed: A retired government worker who went through all of these things from 1990 to 2008 and never got anywhere thanks to the Union.
Posted by: KC | Aug 31, 2021 9:02:18 AM
I work at gym. There is always someone who stays till the last possible second. This means that I can begin my closing till they are done. Some days I am there 20 minutes after I am suppost to leave and not getting paid for. We have Time Sheets that have Start and End Time and nothing that includes over time. In the past month I have put in around 15 hours of OT if you add up all the minutes from every shift.
To my bosses that may not seem a lot, but to me, I already hate my job and am only there because it pays my bills it gives me reason to quit almost every month.
Posted by: Debby | Aug 31, 2021 10:54:06 AM
Consider the thousands of people working for all the non=profit organizations throughout the country. It is assumed that if you receive a salary there will be no overtime. Days off in lieu of are granted for some but those days off never really transpire and if they do the fact that a day off was taken means more work. A vicious circle.
In this day and age of so much stress, so many social issues, so many health issues it would be a fantastic government initiative to step in and prepare some legislation that would help prevent so many people working way too many hours for not enough money. This type of legislation could help with all the above issues and also help alleviate some of the unemployment problems as well.
Imagine if our hospitals and doctors did not have to deal with all the patients with stress related issues due to overwork. Our kids may have a parent at home to help with some of the social issues we have and families could once again thrive as a unit.
I do realize that there is legislation stating we can work 40 hours and then should expect overtime wages or at a minimum a break but who is enforcing it? I work more hours than that as I can imagine most of us do. I want my job..I actually like my job...but it would be nice to just work the 40 hours..no weekends..and be paid a fair salary.