Attention Alberta Employers: Ensuring Accurate Overtime Records

#Alberta #employers, it's crucial to stay up-to-date with overtime regulations to avoid potential issues. Departing employees often bring up concerns about unpaid overtime. A recent case, Scheffler v Mourits Trucking Ltd, decided by the Alberta Court of King’s Bench (“#ABKB”), sheds light on this matter. In this ruling, an employee successfully claimed two years' worth of unpaid overtime, a significant departure from previous Alberta court decisions that generally limited such claims to only six months.

Implications for Employers

The recent ruling has introduced a conflicting situation for employers in Alberta. The question now revolves around whether employees, when pursuing civil claims for unpaid overtime rather than going through the employment standards regime, should adhere to a six-month or two-year limitation period. It remains to be seen how the higher courts will resolve this conflict. In the interim, employers can take steps to mitigate the potential financial impact of similar situations.

Protecting Your Interests

To minimize the risk of facing substantial financial awards, it's advisable for employers to proactively take certain measures. Consider implementing comprehensive and legally binding overtime agreements. These agreements can offer a layer of protection by clearly outlining overtime policies and expectations. Consistently tracking employees' overtime hours is also crucial. This practice not only ensures accurate compensation but also demonstrates your commitment to fair labour practices.

Staying well-informed about the evolving legal landscape and being proactive in safeguarding your company's interests will go a long way in maintaining a positive employer-employee relationship and avoiding potential legal complications.