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UPDATE:
- A second round of settlement checks is expected in or around May 2021.
Checks have reportedly been mailed to Class Members who submitted a claim for an unpaid overtime class action settlement with Livingston International Inc.
If you submitted a claim for the Livingston unpaid overtime class action settlement, keep an eye on your mailbox because you may soon be receiving a settlement check.
The first installment of Livingston unpaid overtime settlement checks were reportedly mailed out by July 30, 2020. A second installment will be mailed in early 2021.
Livingston Unpaid Overtime Class Action Lawsuit
In October 2014, plaintiff Michael Bozsik filed the unpaid overtime class action lawsuit against Livingston International and claimed he had been routinely underpaid for the overtime he worked. Livingston International is reportedly Canada’s largest customs broker and freight forwarding operations.
According to the unpaid overtime class action lawsuit, Livingston employees were essentially forced to work overtime hours to complete their job duties, but they were allegedly encouraged not to record the overtime hours they worked.
As a result, administrative, clerical, technical and supervisory workers were allegedly denied overtime pay.
Under Livingston’s overtime policy, employees were reportedly required to receive authorization in order to work overtime. If they failed to do so, they would allegedly not be paid overtime wages. However, Bozsik alleges that it was nearly impossible to get advanced authorization to work overtime and created a systemic barrier that Livingston took advantage of.
The Livingston unpaid overtime class action lawsuit states that it was an express or implied term of Class Members’ employment contract that they were entitled to be paid at an overtime rate of 1.5 times their normal hourly rate for all overtime hours worked.
Bozsik also states that Livingston is required to comply with the employment standards applicable to the provinces in which employees work.
“These minimum standards are intended, among other things, to protect vulnerable employees from undue exploitation by employers who may seek to take advantage of superior economic and bargaining power by setting unlawfully onerous terms and conditions of employment,” the unpaid overtime class action lawsuit states.
Bozsik alleged that Livingston breached its contracts of employment with Class Members. He initially sought $75 million in damages.
Although Livingston does not admit any wrongdoing, the company agreed to pay $19 million to settle the unpaid overtime class action lawsuit. Each Class Member will be eligible to claim a proportional share of the net settlement fund. Their individual payment will be calculated based on several factors, including their years of employment, wage rate, computer records and the calculation of overtime owed.
The Livingston unpaid overtime class action settlement was approved on June 21, 2019.
Who is Included in the Livingston Settlement?
Class Members of the Livingston unpaid overtime settlement include: “All current or former non-management employees of [Livingston] in its offices across Canada, who are or were employed, at any time between August 15, 2007 to April 28, 2017 in administrative, clerical, technical, and supervisory job classifications or who were otherwise subject to [Livingston’s] overtime policy or policies, who have not opted-out of this Proceeding.”
Former employees of Livingston were required to submit a Claim Form in order to receive compensation from the unpaid overtime class action settlement. Current Livingston employees will automatically receive payment.
The deadline to file a claim, which was originally set for Oct. 15, 2019, was extended to allow re-notification of former Livingston employees who may qualify for benefits from the unpaid overtime settlement.
Settlement funds were originally set to be distributed in the spring of 2020, but the COVID-19 pandemic and other factors affected the process. Checks were reportedly mailed to all eligible claimants by July 30, and a second installment will reportedly be mailed in early 2021.
More information about the Livingston International class action settlement is available here.
Did you get a recent settlement check? Let us know in the comment section below!
Class Members are represented by Louis Sokolov of Sotos LLP; David O’Connor and J. Adam Dewar of Roy O’Connor LLP; and Daniel Iny and Louis Century of Goldblatt Partners LLP.
The Livingston International Unpaid Overtime Class Action Lawsuit is Bozsik v. Livingston International Inc., Case No. 5270/14, in the Ontario Superior Court of Justice, Canada.
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One thought on Livingston Employee Unpaid Overtime Class Action Settlement Checks Mailed
I moved and never received my Settlement cheque. I contacted Rice Point Aministration but never received a reply. My old address was 203 \john Street, Brampton, ON L6W 2A5. My new address is 95 Charolais Blvd., Suite 1512, Suite 1512, Brampton, ON, L6Y 2R9. I am contacting you be cause I do not know who to contact.