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
not for profit
Georgia Court Finds Rental Manager Exercised Discretion, Administratively Exempt
By Noel P. Tripp on
Posted in Exemptions
Administrative employees classified as exempt under the administrative exemption who function as a “one man department” at times challenge whether their work genuinely constitutes the exercise of discretion and independent judgment with respect to matters of significance. They argue that without subordinates, the work must entail significant ministerial tasks. Rejecting just such a challenge,…
District of Columbia Federal Court Rules Trade Association Not FLSA Enterprise
By Noel P. Tripp on
Posted in Coverage
As we recently discussed, there are exceptions to the FLSA’s broad coverage provisions. One such FLSA exception pertains to organizations—often not-for-profits—which are not “enterprises”, defined as a person or persons performing related activities “for a common business purpose.” A recent decision from the United States District Court for the District of Columbia is instructive as the…