Personal Liability for Hard-to-Spot Overtime Risks

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What are the chances you have an overtime violation that’s under your radar? In 73% of its recent wage and hour investigations, the DOL found violations. That’s what the DOL’s new enforcement data website says.

And the federal overtime law, the FLSA, puts your personal skin in the game. Depending on the circumstances, an overtime claimant can impose individual liability on managers, officers and even directors.

In Goetz, a federal court in Austin put a director on trial for the overtime pay sins of his company. The court refused to let the director skate on summary judgment. Pointing to the director’s heavy involvement in a round of layoffs and participation in an employee training seminar, the court tossed the director’s personal liability to an Austin jury.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Alan Bush, Bush Law Firm, PC | Attorney Advertising

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