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March 26, 2008
Canadian National Railway latest target of unpaid-overtime class action
The Canadian Press

Canadian National Railway Co. faces class action litigation over allegedly unpaid overtime.

Law firms Sack Goldblatt Mitchell LLP and Roy Elliot O'Connor LLP — already acting in similar lawsuits against the Canadian Imperial Bank of Commerce and
the Bank of Nova Scotia — said Tuesday the CNR litigation covers over 1,000 supervisors across Canada.

The lawsuit alleges Canada's largest railway misclassified operational supervisors as management to avoid paying them overtime required under the Canada
Labour Code.

The law firms state that CN supervisors “are routinely required to work hundreds of hours of overtime annually for which they are not paid.”

The allegations have not been tested in court.

“This is the third major unpaid-overtime national class action against a federally regulated company that has been brought in Canada in nine months,” stated
Douglas Elliott, a partner at Roy Elliott O'Connor.

“Unlike the others, this one alleges misclassification of employees as management, a common feature in U.S. cases but a new development in Canada.”

Source:  CP