News & Analysis as of

Fair Labor Standards Act (FLSA) Personal Liability

Fisher Phillips

When is a Mid-Level Manager Personally Liable for Wage Violations? 3 Steps for Employers After Recent Appeals Court Ruling

Fisher Phillips on

A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.” Although the ruling applied to a unique set of facts – including that the manager was...more

Foley & Lardner LLP

Labor and Employment FAQs In Light of Uncertain Financial Times

Foley & Lardner LLP on

Notwithstanding the very recent good news that it appears the federal government and regulators currently have control and a plan in place to limit the impact of Silicon Valley Bank’s (SVB) and Signature Bank’s recent...more

Kohrman Jackson & Krantz LLP

Common Mistakes New Business Owners Make & How to Fix Them

Starting a new business? The U.S. Bureau of Labor Statistics indicates that 20% of new businesses fail in the first two years, 45% in the first five years. As daunting as those figures may seem, there are measures you can...more

Fox Rothschild LLP

Personal Liability For Wage Hour Violations: What’s In A Word—Answer- A Lot!

Fox Rothschild LLP on

I do a lot of wage hour defense and one of the threats I constantly come up against is a Department of Labor telling me that the owner of the Company or corporate officers will be held personally liable for unpaid wages if...more

Williams Mullen

Supreme Court of Virginia: No Individual Liability Under Virginia Wage Payment Act

Williams Mullen on

​​​​​​​On October 13, 2022, the Supreme Court of Virginia decided that individuals may not be held liable as “employers” under the recently amended Virginia Wage Payment Act, Va. Code § 40.1-29 (VWPA). The VWPA was amended...more

ArentFox Schiff

California Wage and Hour Potpourri: Liquidated Damages, UCL Awards, Sick Leave Penalties, Rent in Waiting Time Penalties, and More

ArentFox Schiff on

Sometimes, a wage and hour decision touches upon several noteworthy issues, either addressing them for the first time, in new contexts, or serving as a good reminder on topics. ...more

Foley & Lardner LLP

But I'm in HR - What Do You Mean I Can Go to Jail?

Foley & Lardner LLP on

Wage and hour laws. Child labor laws. OSHA laws. Immigration laws. When employers do not comply with these types of employment laws, civil charges and lawsuits are not the only thing that can happen. In what may come as...more

Proskauer - Law and the Workplace

New York State Advances Bill That Would Allow Liens Against Employers For Unpaid Wage Claims

The New York state legislature has passed a bill that would allow employees making certain claims for unpaid wages to obtain a lien against their employers’ property for the value of the claim, inclusive of liquidated...more

FordHarrison

Supreme Court Rules ADEA Applies to All Public Employers Regardless of Size and Leaves the Door Open to Personal Liability

FordHarrison on

The first decision by United States Supreme Court this term, Mount Lemmon Fire District v. Guido, has broadened liability for small public employers nationwide by holding unanimously the Age Discrimination in Employment Act...more

Bradley Arant Boult Cummings LLP

Soup, Salvation and Overtime: Sixth Circuit Takes Up Televangelist’s FLSA Appeal

Are you entitled to FLSA coverage if you are doing the Lord’s work? In March 2017, a federal district court in Ohio answered “yes” and awarded almost $400,000 to unpaid employees/volunteers of a church restaurant....more

Parker Poe Adams & Bernstein LLP

Limited Liability Company Member Not an Employer Under NC Wage and Hour Act

The North Carolina Wage and Hour Act imposes liability on employers for failure to pay promised wages. The law is modeled after the federal Fair Labor Standards Act, and like the FLSA, individual managers and officers of a...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

Manatt, Phelps & Phillips, LLP

Employment Law - April 2016

Supreme Court Gives Stamp of Approval to Representative Statistical Evidence - Why it matters - In a closely watched case, the U.S. Supreme Court has ruled that the use of representative statistical evidence for...more

Perkins Coie

Using Insurance to Counter the Wage-and-Hour Threat

Perkins Coie on

Yesterday, businesses and their executives face an increased threat given the personal liability for officers, directors, managing agents and others as discussed in our recent alert, “California’s Fair Day’s Pay Act May...more

Hinshaw & Culbertson LLP

Court Holds that Restaurant Owner May Be Personally Liable for FLSA Violations

A new federal case out of Illinois demonstrates the extreme importance of complying with wage and hour laws, especially where the law provides for individual liability against those who control the terms and conditions of...more

Fisher Phillips

When "Free" Is Too Good To Be True: Rethinking Interns And Volunteers Under Wage & Hour Laws

Fisher Phillips on

Educational institutions of all kinds often utilize the services of volunteers or so-called interns to assist with coaching sports or other extracurricular activities, and to participate in programs that are mutually...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Supreme Court Lets Two FLSA Rulings Stand: Yes on Personal Liability and Undocumented Workers’ Standing to Sue

Last week, the Supreme Court of the United States decided that it would not review two wage and hour cases. The first, Catsimatidis v. Irizarry, which was resolved through a settlement agreement, considered whether an...more

Baker Donelson

Another Frightening Warning to Management: You May Be Held Individually Liable For Violations of the FLSA

Baker Donelson on

On September 20, 2013, the Eastern District of Missouri put executive level management on notice once again that so-called C-suite managers (in this case the CEO, President and Vice President) can be "employers" under the...more

Laner Muchin, Ltd.

Court Rules That Owner Of Business Can Be Held Personally Liable For FLSA Violations Even If He Was Not Involved In Alleged FLSA...

Laner Muchin, Ltd. on

In Irizarry v. Catsimatidis, the Second Circuit Court of Appeals recently ruled that the owner of a supermarket chain with over 1700 employees could be held personally liable for his company’s alleged FLSA violations. ...more

Fisher Phillips

Top Official Held Personally Liable Under FLSA

Fisher Phillips on

A recent decision by the Second Circuit U.S. Court of Appeals (Connecticut, New York, and Vermont) is a reminder that individual business owners and management members can face claims of personal liability for federal Fair...more

Orrick - Employment Law and Litigation

The Buck Stops Here!: Gristedes Foods CEO May Be Personally Liable for FLSA Claims

Last week, in Irizarry v. Catsimatidis, Docket No. 11-4035-cv (July 9, 2013), the Second Circuit held that Gristedes Foods CEO—and current NYC mayoral candidate—John Catsimatidis faces personal liability for settlement...more

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