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Court Explains Personal Liability Exposure Under the FLSA


Qun Lin v. Jose Reyes Cruz, et al. - Maryland Courts

9 As explained further below, under the FLSA and the MWHL ... subject that person to personal liability under the wage payment statutes.

Employers Face Misclassification Risk With Independent Contractor ...

Under the FLSA, an employer can be liable to the misclassified worker for back overtime for a two-year period (or for three years, if the ...

Restaurant Chain Founder Chooses FLSA Exposure Over Franchise ...

Nevertheless, the plaintiff alleged that the defendant was his employer and liable to him under the Fair Labor Standards Act (FLSA) because the ...

Employee or Independent Contractor Classification Under the Fair ...

When determining whether a worker is an employee under the FLSA or an independent contractor, federal courts of appeals apply an economic ...

Enforcement Guidance on Retaliation and Related Issues

These statutory provisions prohibit government or private employers, employment agencies, and labor organizations from retaliating because an ...

WHD Fact Sheets - U.S. Department of Labor

Fact Sheet #3 explains the application of the Fair Labor Standards Act (FLSA) to employees in professional offices, including who qualifies as exempt "white- ...

29 CFR Part 553 -- Application of the Fair Labor Standards Act to ...

... overtime liability under the Act. (b) Occasional or sporadic. (1) The term ... On the other hand, where law enforcement personnel are required to remain on ...

Case 1:20-cv-01689-GHW Document 135 Filed 09/08/20 Page 1 of 62

The Supreme Court first explicitly recognized joint employer liability in Falk v. Brennan, 414. U.S. 190 (1973). Given the FLSA's “expansive[] .

Maryland Court Says Employees Can Sue Owners for Owed Wages

7, 2016), the Maryland federal court said that bosses and owners possibly could be personally liable for wages owed to employees. The federal ...

Ninth Circuit Says Individual Managers Can Be Held Responsible ...

Shaw, the Ninth Circuit Court of Appeals ruled that individual managers/owners -- in this case a hotel's CEO, CFO, and labor/employment manager ...

COVID Screening Time Not Compensable, Says Illinois District Court

In an opinion issued on December 7, 2023, a federal district court in the Northern District of Illinois held that time spent in COVID ...

Wages and the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private ...

Seviour-Iloff v. LaPaille provides guidance on numerous California ...

(See La Paille at 20 [“Here, individual liability for underpaid wages existed prior to the enactment of Senate Bill 588. Senate Bill 588 did not ...

Symczyk's Impact on FLSA Litigation in Florida and Beyond

Second, the FLSA is a strict-liability statute,4 even though the coverage of the statute is subject to considerable uncertainty.5 Third, §216(b) ...

Prohibited Personnel Practices (5 USC § 2302(b))

Has the Board studied discrimination in the Federal government? It has. As we noted in connection with merit system principle 2, it recently studied workforce ...

Amendments to Colorado Wage Act increase employers' exposure ...

In 2003, the Colorado Supreme Court ruled that officers and agents of a company were not personally liable for unpaid wages. In Leonard v.

Supreme Court Declines to Review CEO's Personal Liability

Individual liability under the FLSA turns on whether an employment relationship exists between the employee and the purported employer, the ...

Fair Labor Standards Act (“FLSA”) Digest

investigation or an enforcement action than a lawsuit by a private citizen in Federal court. ... were personally held liable for back wages owed, the court in ...

22-451 Loper Bright Enterprises v. Raimondo (06/28/2024)

Congress expects courts to handle technical statutory questions, and courts did so without issue in agency cases before Chevron. After all, in ...

U.S. DOL Final Overtime Rule & Salary Thresholds | Paychex

An employee does not have to work for a business with Enterprise Coverage to still be covered under FLSA. There is also Individual Coverage available to protect ...