CRA calculated damages associated with missed meal breaks in a class action involving approximately two hundred black-car drivers. Driver commissions were not included in the regular rate calculation that was used to determine missed meal premium payments. Using extracts from the three timekeeping and payroll systems in use during the liability period, and CRA’s team traced all commissions back to the week in which they were earned, recalculated each employee’s weekly regular rate, and determined the meal-premium shortfall. Compensatory damages and associated penalties exceeded $1 million. Calculations provided by CRA were used in reaching pre-trial settlement.
Calculating damages in employee raiding or lift-out disputes
These are the key points addressed in the article: Damages in employee raiding cases may extend beyond lost profits. Courts often consider multiple categories...