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Remind bosses they can be liable for pay violations

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in Employment Law,Human Resources

Having trouble getting supervisors to take their time-keeping and overtime obligations seriously? Remind them that under the law, they can be held personally liable for wage-and-hour violations.

Recent case: Jacquelyn sued her former employer and several supervisors over Fair Labor Standards Act violations. The bosses argued they weren’t personally liable, so the lawsuit against them should be dismissed.

But the court pointed out that the FLSA defines “employer” so broadly that some of the named defendants could be personally liable if “the individual has the power to hire and fire the aggrieved employee, whether he or she supervises or controls the employee’s work schedule and conditions of employment, whether he or she determines the rate and method of the employee’s compensation and whether he or she maintains the employee’s employment records.” (N’Jai v. Brightside Academy, et al., No. 2:16-CV-01018, WD PA, 2016)

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