Employment lawyer on S-Trip class action lawsuit

Interview Summary

A class action lawsuit against S-Trip recently settled and over $400,000 was awarded to the students who argued they were misclassified as volunteers when they did the work of employees. How could this decision influence employers in the future? What should those classified as volunteers be aware of in regards to their rights?

An Ottawa employment lawyer at Samfiru Tumarkin LLP joins Kristy Cameron on 580 CFRA to answer these questions and more on employee rights.

Interview Notes

• The outcome of S-Trip class action lawsuit: It typically takes a long time for class action lawsuits to settle, particularly in the case of employment status lawsuits. It is excellent news for those involved to finally be rewarded.
• Rights of volunteers being asked to work long days: Theoretically, an employer cannot request volunteers to work 14-hour days without compensation. In many cases, employers implement policies that are not legal and in fact break many employment laws. It is important to seek legal advice from an employment lawyer in determining rights and entitlements.
• Implications of S-Trip class action lawsuit for other employers: This class action lawsuit seems to set a precedent for the future. Companies that are implementing similar practices should learn a lesson from this settlement and put a stop to similar behaviour to prevent potential legal action.
• Frequency of exploiting individuals for free labour: it is a very common occurrence for employers to misclassify their employees. Typically workers are misclassified as independent contractors instead of employees. Generally speaking, an individual that is working full-time hours should be wary if they are not being compensated.