Suit alleges brokerage required employees to work up to 80-hour weeks
A class-action lawsuit has been filed against BMO Nesbitt Burns for allegedly not paying employees the overtime they were owed.
The suit, filed by law firm Juroviesky and Rici with the Ontario Superior Court of Justice, alleges the brokerage wing of the Bank of Montreal failed to accurately record employees' hours of work and failed to pay overtime.
The suit also claims BMO Nesbitt Burns created an environment where employees were expected to work up to 80 hours a week, which violates the province's employment standards.
"It is important for employers to remember that being paid a salary or working on commission are not listed exemptions from overtime pay under applicable Ontario legislation, and that workers paid on commission are also protected by provincial limits on hours of work and are entitled to overtime pay," said lawyer Henry Juroviesky in a statement.
The law firm filed the suit on behalf of one employee but the claim seeks compensation on behalf of employees who have worked for BMO Nesbitt Burns since October 2002.
Last year, a judge dismissed a class-action overtime suit filed against CIBC by a teller. Another unpaid overtime suit against the Bank of Nova Scotia is still before the courts, awaiting the judge's ruling on whether or not to grant it class-action status.
