Many courts, including the Court of Appeals for the Second Circuit, have ruled that under certain circumstances an individual can be a statutory “employer” under the Fair Labor Standards Act, liable for minimum or overtime wages usually along with a corporate entity. The scope of such potential liability and the precise formulation of the
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Brooklyn Federal Court Finds Local Establishment Not Covered by FLSA
By Noel P. Tripp on
The high volume of FLSA litigation, particularly in jurisdictions such as New York and Florida, has in recent years forced many small businesses truly outside the scope of FLSA coverage to defend lawsuits brought pursuant to its minimum wage and overtime provisions. Typically, these smaller employers attempt to address the issue of coverage early…
Eleventh Circuit Finds Crane Dispatcher To Be Exempt Administrative Employee
By Noel P. Tripp on
Posted in Exemptions
In light of other case law, a recent pro-employer decision from the Eleventh Circuit Court of Appeals, holding that a salaried dispatcher for a crane rental company qualified as an exempt administrative employee, adds credence to a question often asked by legal and human resources professionals: is the administrative exemption in the eye of the…