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: Deasmumhan | Aug 31, 2021 11:04:41 AM
Tim Hortons is guilty of this as well (Though it is a franchise where I am so it may NOT be the company as a whole) I have multiple friends who work there. Example of this is during an 8 hr shift your required to have 1 hour off (generally two 15 mins breaks with one half hour lunch) at the Tim Hortons location here they ONLY provide two 15 min breaks in an 8 hr shift. Also this, your break is to do as you please. However on one break while speaking with my friend at work her cell phone received a message to which she replied, remember she was ON HER BREAK. Her manager emerged and told her "I give you a break to eat not to play on your cell phone" She works from 4 to midnight but often must stay till 1 or 2 AM for which she is NOT paid and when she questions it they threaten to fire her.
Posted by: Jen | Aug 31, 2021 11:10:44 AM
Cineplex
Cineplex never neglects to pay overtime, or tries to shortchange us. We usually close at 11, but box office employees stay an hour later to count their money, and the food court employees sometimes stay until 1 or 2 am. We get paid for every minute.
Plus we get free movies. Oh and they promote from within 95 percent of the time, so if you're at the bottom rung for a year or two, expect to become treasure, and after 5 or 6 years, you're in the running for assistant manager. It's wicked. Kids complain all the time about their job but they have no idea how good they have it compared to Wal Mart or Tim Hortons.
Posted by: Simo | Aug 31, 2021 12:05:21 PM
The first leader to introduce overtime pay was Muslim (Khalifa) leader Omar Ibn Al-Khattab back in the 7th century. He also did his best to made sure it's enforced across the Muslim World.
Posted by: John | Aug 31, 2021 12:38:33 PM
Never mind overtime pay. I worked for Federal Security Agency and they refuse to pay for my legitimate time. Instead of 8 and 12 hours shifts I worked they only paying for 4 hours. As for 16 training hours I put in, they insist they would pay only if I stayed with the company for 6 months. It is not what I was told when I was hired… and all this for $10.00 per hour. Who would want to work for them for free when they get paid by their client on time and sure at much higher rate than $10.00 per hour?
Posted by: boomygigger boomhower | Aug 31, 2021 1:16:36 PM
You should all go union @ 0.47 cents a day and let your government know that they will have to step in and control employers or you will keep paid unions to govern the employers enough is enough with these assholes of companies. remember if it was not for you these companies would not exist !!!!!!!!
You have the right to be in charge
you have the right to have a life
you have the right to be heard
vote union
for god sakes this is the west top of the world
be a leader stand up for your rights !!!!!
enough said !!
opportunity activist rights movement Canada
Posted by: SecurityGirl | Aug 31, 2021 2:36:00 PM
in response to Dave's comment, as shocking as it might seem there ARE honest employers in this world. yes they may be few and far between, but they are there! I work for one such company. It is a conservation autority and i am a summer contract worker (go figure as we are often considered the most ripped off people out there) and they pay me for every minute of overtime... and on top of that they not only recognize their employees as being their greatest assets, they remind us of that fact on a regular basis.
If people know their rights and stand up for them then they usually get their way. I have worked for a company in the past that tried to gip my wages and all i had to do was threaten to take it to the labour board and it was all fixed. Research your problem (all this legislation is provided online these days), take the bare facts to your company and present your argument, and if they won't do anything about it, go good on your threat and take it to the labour board... they will learn quickly that employees don't like to be taken advantage of. And just so everyone knows, you have the right to research the information in contracts BEFORE you sign them to make sure everything is legal (and chances are, if something isn't legal, they will shift into reverse rather quickly especially if they know that you know).
Posted by: Neil | Aug 31, 2021 3:57:48 PM
Extra hours for the same pay has been a way of life for most of us for many years. As a semi retired Manager in Health Care in Canada I know exactly what this means. There are never enough hours in the day to accomplish all the duties that need to be done and usually never anyone to help you. So you do the best you can do but you stick up for yourself with management.
I would like to make one comment to Willy, the Union Man, Unions are not the answer, Unions protect the slackers and workers who will spend more time trying to get out of doing a job then it wouild have actually taken to do the job.
Management basically has there hands tied to get ride of a Unionized employee who use the system and the Union to hide behind. Yes Unions do have a place to protect the workers rights, however its gone way past this.
The only thing I can suggest to those of you who work extra hours for the same pay, pick your time and your arguement.
I had employees who worked 35 hrs/wk, if they where on-call and they got called in they got a minimum of 4 hrs paid per call, minimum of 2 hrs @ time and a half and one hour travel time.
We as managers when we got called where expected to come in and solve the problems for no pay, this happened to me one to many times for me and after one paricular night I got called in, I went to see my manager and told him what a great deal they had, he asked why and I told him. After some discussion we arranged that if we got called in they would pay us from the time we got called in till we got home at regular rate, myself and my Assistant where happy with this arrangement.
This does not however cover the extra hours at the end of the day and probably ever more so now in these tuff economic times.
Posted by: Leanne | Aug 31, 2021 4:00:15 PM
I am in the same boat.....I worked for a private for profit residential care home in the interior of B.C. The owner was very money hungry......the charge per resident was very expensive for what they received.....The owner expected staff to work 12 hour shifts with out paying over time when taken to the labour board he stopped 12 hour shifts.......except for the managers!!!!! We were expected to work 12hrs.......plus doing all residential care, laundry housekeeping.....plus making appointments, paperwork and chart updating.......then owner expected you to do the grocery list and go purchase the same each week...............I only got paid for 80hrs for every 2 weeks when I often worked minimum of 88 every 2 weeks and that did not include case conferences!!!!!! When he did allow a part time person he would only pay them housekeeping wage for even doing some careaide help!!!!!! Cheap and a theif in my opinion......we will see what labour board says
Posted by: dave | Aug 31, 2021 5:00:26 PM
I work for a small Canadian construction company.Although they do pay for all hours worked they do not pay any overtime or vacation pay.I have been working 70 hours a week for the last year and a half.When you ask about vacation pay they say its included in your hourly wage although it doesnt show on your pay stub.When you ask about overtime they just refuse to talk about it.
Posted by: Amber | Aug 31, 2021 5:08:15 PM
Oh Canada! When will we stop being so ridiculous and weak? If people would revolt and stop being so fearful, changes would happen right quick. Just saying ;)
Posted by: Bee | Aug 31, 2021 6:14:15 PM
My son work for the post office in Canada and he has been there one year. He has not got his own route yet so bids on peoples days off and sick time for his route.
He was told along with others that they will get fired if any overtime is put in. After 3 pm. he works free. The union does nothing and says that is the way it is until you get more experience. The people that have been there for 5-10 years can finish their route by noon and get paid for the whole 8 hours. To get a day of sick pay with a Dr.'s note he had to file a grievence. Then the supervisor said she still did not believe he was sick. I have little respect for the unions or for government jobs. If you protest too much there is many people waiting for a job. You have to just suck it up.
Posted by: Emma Bennett | Aug 31, 2021 6:41:01 PM
Tim Horton's is also a horrible place to work. They do not pay overtime AT ALL. When I quit working there, I had to go through the labour board to collect my overtime pay. If you live in Winnipeg and you are reading this, do not EVER apply for a job with the Tim Horton's on Henderson, Gateway, Main Street or the Selkirk store.
Posted by: Justin P | Aug 31, 2021 6:46:28 PM
Wow its sad to hear how many people are getting treated badly.
I work for Frito Lay Canada, and employees get treated very fairly.
Every 4 hours, we get a half an hour paid break.
Anything over 8 hours in one day and we start getting paid time and a half.
More than 40 hours in a week and we get paid time an a half for the extra hours.
We get paid overtime for having to stay late.
If we work a saturday we get paid time and a half,
And if we work a sunday, we get paid double time.
I guess this is one of the companies that knows how to treat their employees right, and we are not part of a union.
Posted by: annoyed | Aug 31, 2021 7:14:02 PM
It's sad to see so many people treated unfairly.
Myself, I work in a call center where they make reservations for a large hotel chain. Breaks are not paid. Anything over 44hrs is time and a half, HOWEVER, this only applies to the people on the phones. These are the people that are making money for the company and these are the people who count. Their time is all tracked (down to the second) by the computer system. When you aren't logged into the phones answering calls, you aren't being paid.
If you aren't making reservations you aren't worth anything. So if you do something else (like HR or any other kind of supporting role) then they don't track your time with computers. Because of that, you will work as many hours as they can get from you while getting paid the least. You aren't allowed to do overtime, but all work must be complete. That means if your work isn't finished, you'll be working for free. They also often have extra work on a 'volunteer' basis. If you don't 'help the team' it's held against you.
If you're management you're salary. And you're expected to stay until the work is done. If you work holidays you get a leau (spelling?) day, but you never get to take them.
And if they hear the word union, the offending party is immediately dismissed for some kind of made-up reason.
Sound familiar to anyone else?
Posted by: Jeannie | Aug 31, 2021 10:06:15 PM
I am a nurse and every where that I have worked this is expected behaviour. Skipped coffee breaks, skipped meals, staying late to give report to the oncoming shift. All those minutes add up over the years.
Posted by: AC | Aug 31, 2021 10:21:25 PM
If an employee expects overtime, then they should likewise expect that they will be docked pay when they are sick or other absent from work. It is inconsistent to ask for sick days and wages calculated by the minute.
Posted by: frustrated | Aug 31, 2021 11:33:43 PM
It started last year. My grandson worked for someone who did not pay over time. if he had been paid he would have made over four hundred dollars extra. This year he was only paid cash and worked 12 hours with no breaks and still can't get his last pay from the guy. myself you clock out at a certain time and all the work you do after that you don't get paid. In an eight hour day you get a half hour break which you have to have at work incase it gets busy and then you have to work - some break - talk about the dark ages.It is a part time job yet they want you to come in on call if there busy. I like my job but there is someone to replace me at any moment.
Posted by: Murphy | Sep 1, 2021 2:23:54 AM
I am an automotive technition, in Alberta Canada. In our induatry, we are paid by .1 of an hour, with the hour being broken up into 100 portions.... so .5 is 1/2 hour and so on.....1 is about 6 minutes.
Our employer was offering customers GOLD mainenance packages with new vehicle purchases. I worked at a chrysler dealership. ( I am also a Ford master tech, and they are no different).
They pais us .1(6 minutes) to do a gold plus maintenence.
Now imagine this... seriously... From the moments you have the keys and have punched the clock on that line, your time is running out... run to the car/truck, drive it around, drive it into the shop. Raise on a hoist, change oil , perform required inspection AND fill out inspection form, and report to the service manager and customer.... drop vehicle, and bring around.... then punch off that line..... for .1 of an hour... ok so what does that equal to in cash?
.1 x 26 = 2.6 dollars yes... thats right...... 2.6 dollars to do all of that. the average time it actually took, to do properly was .3 to .7 depending on the vehicle. Please keep in mind this was NOT a dump and fill... this was a proper service job.
If any of the management team didnt like you or your attitude, guess what you were doing ...all day...week...month......
In alberta, Being a flat rate automotive technition is considered "piece work" ...and pretty much the same laws that apply to the sweatshops where ladies slave away for days for nothing...apply....
At least thats what I was told, when I complained to the labour board.
We al have problems and issues at work. but I can speak from the heart now. ...I have a great employer, at a small corner garage, I get paid LESS, but I will work my heart out for him..... because he RESPECTS me and treats me like a human.
CHrysler, FOrd, GM, and all the rest of you large corporations.. can all rot in hell... you made the dollar bill the most important thing in our society, and now we all must suffer.... GO FOR THE GOLD!!! SHOW ME THE MONEY!!!... Ill remember that when I get my MRI for my fuked up knees and back for working so hard to make YOU money....
Posted by: Felicia Malik | Sep 1, 2021 4:04:16 AM
I am an RN in acute care and all nurses frequently work after their shift without compensation. It is usually to finish charting as "if it wasn't charted, it wasn't done". Breaks are rare as we work short on a regular basis and have to take care of extra patients. If we put in for "OT", it is usually denied and you are frowned upon for not getting all your work done on your shift. Nursing is 24 hours and there is no "end of shift", pack it in at the end of the day. It is my professional responsibility to ensure patients receive safe and competent care. However, administration gets brand new computers while I work with end-of-life cardiac monitoring equipment.
Posted by: Angelica | Sep 1, 2021 11:41:15 AM
You people should stop complaining about low wages and start your own businesses. It is *not* easy at all, but in the end you will be working for yourselves and "be your own boss".