The emergence of employment class action means that little HR mistakes can turn into big
headaches. A small policy mistake can become a large liability when multiplied by hundreds or thousands – or even a small number - of employees. Plaintiff-side lawyers are looking for class actions to file. This session will demonstrate why all HR policies - especially compensation policies - are important and must be carefully reviewed, or the employer might face a class action over an apparently small mistake. We will discuss a number of formerly-neglected HR issues that can turn into big class actions - and financial problems for employees, such as:
- Overtime pay (salaried employees, exemptions, etc.)
- Vacation pay on commissions and bonuses
- Employee / independent contractor status
- Hours of work / eating periods
- Workers compensation premiums
What you will learn from this session:
- Understand the issues raised in Canadian and American employment class actions filed to date
- Understand how the emergence of class actions requires a standard of "policy perfection" by HR professionals
- Learn how to identify potential class action risks in your organization's policies
- Learn how to avoid a number of HR policy mistakes that can lead to class actions
- Learn how to avoid having employee complaints turn into class actions
Speaker Biography:
Adrian Miedema is a partner in the Employment Law group, Fraser Milner Casgrain LLP. Adjunct professor of Employment Law, Faculty of Law, University of Western Ontario. Author of three books, including "HR Manager's Guide to Background Checking and Pre-Employment Testing". Frequent speaker on employment law topics.