Court Explains Personal Liability Exposure Under the FLSA

Court Explains Personal Liability Exposure Under the FLSA - SHRM

Corporate officers and supervisors may be personally liable for wage and hour violations under the Fair Labor Standards Act (FLSA).

Remember That Managers Can Be Individually Liable Under the ...

A federal magistrate judge ruled that both individuals were employers under the FLSA and individually liable for unpaid wages and overtime.

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Federal Court Report Court Explains Personal Liability Exposure Under the FLSA. 11/13/2018. By Jennifer L. Gokenbach of Gokenbach Law LLC A member of Worklaw ...

The Unwitting “Employer”: Individuals Who May Be Liable for FLSA ...

The Court noted that “[a]lthough owners and corporate officers are more susceptible to personal liability because they are more likely to ...

Could You Be Personally Liable for an FLSA Violation?

The FLSA says that “employers” are liable to employees for FLSA violations, and in some cases, courts have defined employers to mean the actual individual ...

Eleventh Circuit Holds Manager Individually Liable Under FLSA

The FLSA creates a private right of action against any employer who violates its minimum wage or overtime provisions. U.S.C.A. § 216(b). The Act ...

Avoiding Individual Liability for the HR Professional - SHRM

The FLSA is the cornerstone of wage and hour law in the United States. The recognized rule is that an individual supervisor will be liable under the FLSA if he ...

Top Official Held Personally Liable Under FLSA (Updated 03 12 14)

A recent decision by the 2nd Circuit U.S. Court of Appeals (Connecticut, New York, and Vermont) is a reminder that individual business owners ...

Avoiding Personal Liability for Employment Actions - MRA

A manager can be named as a defendant in his or her “official capacity” as an agent of the employer, but the manager does not have any personal exposure for ...

Fair Labor Standards Act (FLSA), Personal Liability - JD Supra

A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.

Handy Reference Guide to the Fair Labor Standards Act

The FLSA does not provide wage payment or collection procedures for an employee's usual or promised wages or commissions in excess of those required by the FLSA ...

Personal Liability for Wage Claims? Virginia Says 'No,' but Other ...

In October 2022, the Supreme Court of Virginia ruled that an individual ... FLSA, the VWPA does not provide for personal liability. Many ...

Joint Employer Status Under the Fair Labor Standards Act

To be liable for paying minimum wage or overtime, a person or entity must be an “employer,” which the FLSA defines in section 3(d) to “include[ ] ...

FLSA Retaliation Claims Against Individuals Associated with an ...

A recent employment law ruling from the Ninth Circuit Court of Appeals has created quite a bit of buzz among legal observers. In that case ...

Eleventh Circuit Says No to Private Settlements of FLSA Claims

With a fact pattern exemplifying the need for protection of employees under the Fair Labor Standards Act (FLSA), the Eleventh Circuit has ...

Department of Labor Proposes Updated Interpretation of Joint ...

Since 1939, regulations interpreting the Fair Labor Standards Act (FLSA) have recognized that two or more “employers” can be jointly and ...

When is a Mid-Level Manager Personally Liable for Wage Violations ...

A hotel manager was recently held individually liable for violations of federal wage and hour law under a broad definition of “employer.

Fact Sheet 13: Employment Relationship Under the Fair Labor ...

Independent contractors do not have these protections. Whether a worker is an employee or an independent contractor under the FLSA is determined by looking at ...

What Officers and Directors Need to Know about Personal Liability ...

Under federal law, the Fair Labor Standards Act (FLSA) imposes personal liability on corporate officers and directors for minimum wage and ...

Individual Liability for Unpaid Minimum Wage and Overtime Claims

Under the FLSA, an employer includes “any person acting directly or indirectly in the interest of an employer in relation to an employee.” The ...