As financial firms are being faced with class actions over unpaid overtime, other Canadian employers may be vulnerable.

In the United States , says Morton Mitchnick, a partner in the Toronto and Ottawa offices of Borden Ladner Gervais LLP, many of the cases are “misclassification” lawsuits, which derive from employees – such as managers or professionals – arguing they deserve overtime pay.

“So,” says Mitchnick, “many employers and certainly a lot of smaller ones don't even think about overtime for salaried people. They don't think about overtime for well-paid professionals.”

“I think the biggest factor is just the publicity of what's happening below the border. This is just a huge growth industry.”