News & Analysis as of

Personal Liability Unpaid Wages

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

Stradling Yocca Carlson & Rauth

Business Divorce Blog: Destruction of LLC Records Will Likely Subject LLC Owners to Personal Liability in a Business Divorce...

In a recently published opinion, Hacker v. Fabe, 92 Cal. App. 5th1267 (2023), the California Court of Appeal found that an LLC owner’s destruction of the company’s records was a substantial factor that subjected him to...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

Akin Gump Strauss Hauer & Feld LLP

What Officers and Directors Need to Know about Personal Liability for Unpaid Wages

- Corporate officers and directors can be held personally liable for unpaid wages. - As companies and their officers and directors make difficult decisions to address the impact of COVID-19 on their workforce, they...more

Sheppard Mullin Richter & Hampton LLP

New York Targets Members of Out-of-State LLCs in New Wage Theft Bill

Effective February 10, 2020, the top ten members of an out-of-state limited liability company (“LLC”) can be held personally liable for violations of New York’s wage and hour laws. The bill, signed on December 12 by Governor...more

Littler

New York Extends Wage and Hour Liability to Top 10 Members of Non-NY LLCs

Littler on

New York has amended its Limited Liability Company Law (LLC Law) to hold the top 10 members of a foreign limited liability company liable for wages owed as a result of work performed within New York State, effective February...more

Seyfarth Shaw LLP

New York Extends Liability for Wage & Hour Violations to Top Ten Members of Out-of-State LLC’s

Seyfarth Shaw LLP on

Seyfarth Synopsis: A newly enacted New York State law will hold the top ten members of out-of-state LLCs personally liable for unpaid wages.  This new law is one of several key wage and hour proposals originally advanced by...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

Sheppard Mullin Richter & Hampton LLP

Managers Beware: Can you be held personally liable for wage and hour violations?

After two years, California courts are finally putting California’s “A Fair Day’s Pay Act” (the “Act”) to the test. While intended to help employees collect judgments against employers that are judgment proof, the Act created...more

Polsinelli

Individual Employees Can Be Liable For Civil Penalties And Attorneys’ Fees For A Company’s Failure To Pay Overtime And/Or Minimum...

Polsinelli on

Notwithstanding two previous California Supreme Court decisions which essentially held that “[u]nder the common law, corporate agents acting within the scope of their agency are not personally liable for the corporate...more

Fisher Phillips

Employers Can Be Held Individually Liable For Unpaid Wages In Colorado

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The Colorado Court of Appeals recently held that the Colorado Wage Claim Act does not categorically bar individual liability for unpaid wages, rejecting arguments that a 2003 Colorado Supreme Court decision precluded any and...more

Stoel Rives LLP

Construction Law Alert: Proposed Legislation Would Make Contractors Liable for Unpaid Wages of Subcontractors

Stoel Rives LLP on

A bill proposed in the Oregon House of Representatives threatens to fundamentally alter the relationships between contractors, their subcontractors, and their subcontractors’ employees. Under the bill, a contractor on a...more

Mintz - Bankruptcy & Restructuring Viewpoints

In Massachusetts, Directors and Investors Acting in their Normal Capacities Do Not Have Personal Liability for Wage Act Violations

The Massachusetts Supreme Judicial Court recently held that the Massachusetts Wage Act does not impose personal liability on board members or investors acting in their normal capacities. In Segal v. Genitrix, LLC, the SJC...more

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

Massachusetts High Court Addresses Investors’ and Boards of Directors’ Liability Under the Wage Act

Investors and members of boards of directors concerned about liability under the Massachusetts Wage Act, M.G.L. c. 149, § 148, can breathe a little easier after the Supreme Judicial Court’s (SJC) decision in Segal v....more

Littler

Massachusetts High Court Rules that Investors and Board Members are not Personally Liable for Unpaid Wages Under State Law

Littler on

The Massachusetts Supreme Judicial Court recently held that individuals acting as board members and investors cannot be held personally liable under the Massachusetts Payment of Wages Law, M.G.L. c. 149, § 148, for a...more

Seyfarth Shaw LLP

Company Investors And Board Members Off The Hook For Unpaid Wages In Massachusetts

Seyfarth Shaw LLP on

Seyfarth Synopsis: In an important decision, the Massachusetts Supreme Judicial Court clarified the scope of personal liability for unpaid wages under the Massachusetts Wage Act. The SJC held that board members and directors...more

Ervin Cohen & Jessup LLP

New Law Targets Supervisors for Wage Liability

Senate Bill 588, referred to as the wage theft bill, significantly expands individual liability for wage and hour violations by authorizing the Labor Commissioner to hold a hearing to recover civil penalties for wage and hour...more

Laner Muchin, Ltd.

Employer Held Personally Liable For $1.1 Million For Back Wages And Business Expenses Of Obtaining H-1B Visas And J-1 Waivers

Laner Muchin, Ltd. on

The United States Court of Appeals for the Sixth Circuit recently held that the owner of several medical clinics in Tennessee and Florida was personally liable for back wages, the costs of obtaining H-1B and J-1 waivers...more

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