Top Class Actions’s website and social media posts use affiliate links. If you make a purchase using such links, we may receive a commission, but it will not result in any additional charges to you. Please review our Affiliate Link Disclosure for more information.
CANADA CARTAGE SETTLEMENT UPDATE:
- A judge approved this settlement Nov. 10, 2021.
Current and former Canada Cartage and Direct Distribution Centre workers may be able to take part in a $22.25 million settlement that, if approved, will end a class action lawsuit alleging the companies failed to pay overtime.
Settlement documents have been sent to a court for approval. If approved, those who were employed by Canada Cartage or and Direct Distribution Centres at any time between March 1, 2006, and Jan 30, 2015, may be able to claim a class action rebate. Class Members must have been entitled to overtime pay and their employment must not have been governed by a collective agreement between Canada Cartage and a union.
Lead plaintiff, Marc-Oliver Baroch, lodged the class action lawsuit against Canada Cartage and Direct Distribution Centres in 2013 claiming that the companies failed to pay certain workers overtime. Baroch, an Ontario man who operated a shunt truck for the shipping and distribution companies, alleged Canada Cartage and Direct Distribution had taken advantage of certain types of workers, forcing them to work overtime without proper pay.
Baroch said that he was expected to work more than nine hours a day or between 50 and 60 hours a week. He claims that when he started with Canada Cartage in 2006, he was paid $19.50 an hour and only received overtime for working more than 60 hours a week; however, things got worse in 2012 when the company reduced his pay to $17.34 an hour without notice.
The plaintiff claimed that in 2012, he was “notionally” paid overtime for working more than 45 hours in a week, but his weekly pay remained the same as when he was paid $19.50 an hour.
The class action lawsuit sought to represent drivers, shunters, dispatchers, warehouse personnel, units pickers, dock workers, swampers, and inventory coordinators. Baroch alleged that Canada Cartage and Direct Distribution and Direct Distribution took advantage of workers’ lower education levels and “reverse engineer[ed]” their paychecks to make it look like they had been paid overtime.
In reality, workers’ gross weekly earnings remained the same, claimed the class action lawsuit.
“Canada Cartage took advantage of the class members’ lack of sophistication, systemically misleading class members about their entitlement to overtime,” stated the lawsuit. “This included issuing directives through management that deliberately obfuscated both Canada Cartage’s overtime obligations to class members and the true rationale surrounding its reasons for unilaterally reducing class members’ rates of pay.”
The plaintiff accused Canada Cartage and Direct Distribution of violating labour laws. The class action was certified by the Ontario Superior Court of Justice in 2015.
Under the terms of the class action settlement, Canada Cartage and Direct Distribution admit no wrongdoing but have agreed to pay Class Members for unpaid overtime they worked between March 1, 2006, and June 3, 2021.
Class Members who wish to stay in the settlement do not need to take any further action; however, those that wish to object need to send a request in writing to the claims administrator. Contact information is available on the settlement website.
A hearing has been scheduled for Nov. 1, 2021.
Will you take part in the Canada Cartage class action settlement? Tell us about it in the comment section below.
The plaintiff and Class Members are represented by Lax O’Sullivan Lisus Gottlieb LLP.
The Canada Cartage Class Action Lawsuit is Baroch v. Canada Cartage Diversified GP Inc., et al., Case No. CV-13-492525-00CP in the Ontario Superior Court of Justice.
Don’t Miss Out!
Check out our list of Class Action Lawsuits and Class Action Settlements you may qualify to join!
Read About More Class Action Lawsuits & Class Action Settlements:
16 thoughts onCanada Cartage Workers Ink $22M Settlement in Overtime Class Action Lawsuit
I received notification of unpaid overtime from Canada Cartage. I was supposed to receive money in September 2022 and December 2022 I have not received any money yet. I would like to get this settled please.
i have had my 2022 taxes done and apparently there was a T4 slip sent to CRA and they added it to my 2022 tax return.
Can you explain to me how they can send in a T4 to the government stating that i received $10,176.00 as a settlement when i have received nothing whatsoever from this settlement.
I had no idea that this was occurring or that there had been any info on it.
I retired in Sept. 24 2015 and had been employed by them from April 1978.
Please advise immediately as I will have to contact the CRA to get this straightened out.
If money is owing to me I would appreciate receiving it!
What’s going on with the first payment.
I worked at canada cartage during this time also add me also.
From here on in will they have to pay overtime.