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.
5 considerations for using survey data in employment cases
Surveys are occasionally used by attorneys to collect data and information to be used as a part of employment litigation. The data arising from surveys can be...