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Starbucks Overtime Pay Class Action Lawsuit Overview:
- Who: Trevor Hopman filed a class action lawsuit against Starbucks Coffee Canada, Inc.
- Why: Hopman claims Starbucks fails to legally compensate its store managers for their overtime hours.
- Where: The class action lawsuit was filed with the Ontario Superior Court of Justice.
A certification hearing for a class action lawsuit claiming Starbucks Canada fails to legally compensate its store managers for their overtime hours worked has been rescheduled for Feb. 17.
The hearing had originally been scheduled for January. Starbucks will not oppose the motion for certification, reports the law firm Goldblatt Partners.
Plaintiff Trevor Hopman claims Starbucks wrongfully exempts store managers from being eligible for overtime pay if they worked more than 44 hours a week.
Hopman argues Starbucks violated Ontario’s Employment Standards Act, which “requires employers to pay overtime to employees for work beyond 44 hours per week unless the employees fall within a specific exemption,” according to his statement of claim.
Hopman, a former store manager who worked for the company from 2010 through 2017, claims he “regularly worked significantly more than 40 hours per week to complete the demands associated with his position,” according to his statement of claim.
Store Managers Required To Work Through Unpaid Lunches
Further, store managers at Starbucks are required to work through unpaid lunches and begin work before their shifts are scheduled to start, Hopman claims.
“As a result of the additional hours and shifts, which are necessary to the operation of the Defendant’s stores, Class Members work overtime for which they are not appropriately compensated,” Hopman says.
Hopman claims he regularly worked 50 to 80 hour weeks, which frequently included working 12 to 18 hour shifts that required him to work from the time before the store opened to after it closed.
Starbucks was aware of his hours and encouraged him to work them, Hopman claims, since they were “necessary” to “accomplish” his assigned duties.
“The Defendant required, induced, suffered and/or permitted Hopman to work overtime and failed or refused to provide him compensation as required,” the statement of claim says.
Hopman wants to represent a class of current and former Starbucks managers who worked at corporate locations in Ontario from Oct. 1, 2014, onward.
Hopman is seeking $50 million in general damages and $10 million in punitive damages.
Have you not been legally compensated for overtime hours you’ve worked at Starbucks? Let us know in the comments!
The plaintiff is represented by Charles Sinclair, Christine Davies, Joshua Mandryk and Geetha Philipupillai of Goldblatt Partners LLP.
The Class Action Lawsuit is Hopman v. Starbucks Coffee Canada, Inc., Case No. CV-20-00645265-00CP, in the Ontario Superior Court of Justice.
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