Starbucks Canada Class Action Suit – Refusal for overtime pay

Starbucks Canada is facing a $50 million Class Action lawsuit as its managers are alleging they were refused overtime pay. Despite working on average well above the 44-hour workweek, company policy states they were exempt as they are managers and not regular employees.

Ottawa employment lawyer and partner Alex Lucifero at Samfiru Tumarkin LLP joins Jeff McArthur on Global News Radio 640 Toronto to discuss the case further.

What They Discussed

• What is the charge being made against Starbucks? Starbucks managers are alleging they were performing non-managerial tasks during their overtime hours and were not given OT pay.
• Is this situation more dependent on the difference between salaried and hourly employees?
  Even if you are a salaried employee, you are still owed overtime pay, there are very few exceptions.
• If the managers are forced to pitch in and do barista tasks, does the responsibility and fault lie with the manager? This will be down to the employer to prove that the manager deliberately short-staffed the work environment.
• How have they calculated damages to be approximately $50 million? A specific accounting by each individual employee and manager would have to be taken into consideration.
• Are overtime hours and pay going to become more of an issue the longer the pandemic continues? Employees are now working from home more frequently and some are working longer hours which could cause disputes with their employer who could want proof.
• What is the takeaway for other employers concerning overtime pay? Employers should not try and appear as if they are trying to circumvent the law.

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