|
|
|
  As Corporate Bankruptcies Rise, So Do Lawsuits Against Managers.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - September 23, 2009 In today's difficult economic climate, a growing number of companies have been forced to consider or even file for bankruptcy. Such filings may result in a stay of legal claims against the company, including those brought by current or former employees under the Fair Labor Standards Act (FLSA). But according to the Ninth Circuit, a company's filing for bankruptcy does not protect its individual executives and managers from potential liability under the FLSA. Report Link Federal Appeals Court Finds Hospital as Joint Employer Liable for Temp's FLSA Overtime PayJackson Lewis LLP - August 25, 2008 A hospital was a joint employer of a contract worker assigned to it by three different temporary agencies, and therefore liable to the employee under the Fair Labor Standards Act for unpaid overtime compensation, a federal appeals court in New York has ruled. Barfield v. N.Y. City Health & Hosp. Corp., No. 06-4137-cv (2d Cir. Aug. 8, 2008). The Second Circuit Court of Appeals made the determination based on the “economic realities test,” citing Department of Labor opinion letters supporting that conclusion. That finding resulted in affirmance of summary judgment, an award of compensatory and liquidated damages, and attorney’s fees and costs to the employee. Report Link You Need to Understand the Fair Labor Standards Act Part 3 - Are You a Joint Employer?Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - June 16, 2006 General contractors typically use subcontractors to perform various aspects of the project, and some subcontractors also use subcontracted labor. In these situations, you may be liable for your subcontractors' violations of the FLSA. Everyone typically accepts that a general contractor supervises and may even ensure a subcontractor's quality of work: the owner (or architect) first looks to the general contractor, who then directs the subcontractor to fix the problem or coordinate the repair. Be aware, though, that when the subcontractor's problem is not related to its work but, for example, its payment of wages, the FLSA may apply, and you may be liable.
|
Employment Law Seminars
Creating and Keeping Employment Law Records
Webinar
March 16, 2010 Fisher & PhillipsUsing Serengeti Tracker - More Than a Matter Management ToolPortland
March 16, 2010 LittlerWho Says Social Networking Is Just for Kids?Indianapolis
March 16, 2010 LittlerAdvanced Executive BriefingJacksonville
March 17, 2010 ConstangyManaging Intermittent Leave and the Medical Certification Process Under FMLAWebinar
March 17, 2010 Fisher & PhillipsWho Says Social Networking Is Just for Kids?Chicago
March 17, 2010 LittlerHR Madness: The Road to a Winning WorkplaceJacksonville
March 18, 2010 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late To ComplyOntario
March 18, 2010 Fisher & PhillipsUnder Pressure: What You Need to Know About Immigration Regs. to Keep Your Health Care OrganizationWebinar
March 18, 2010 Vedder Price2010 Employment Law UpdateSeattle
March 18, 2010 Littler |
|
| ||
|
Terms of Use
|
Privacy
|
Advertising
|
About
|
Contact
|
For Law Firms
|
Partners
Copyright © 2010 elinfonet.com, llc.
The use of this site, and the terms and conditions for our providing information, is governed by our Terms of Use, including the disclaimers contained therein. By using this site, you acknowledge that you have read the Terms of Use and that you accept and will be bound by the terms thereof.
This site is designed for lawyers concentrating in employment law and human resource professionals who specialize in employee relations. As more fully set forth in the terms of use, the information provided on or through this site is for general information purposes; it is not a determination of your legal rights, nor your responsibilities under the law. None of the information contained on this site is, or should be construed as, legal advice. The information should not be relied upon for legal advice. We are not engaged in the practice of law and no attorney-client relationship is being created. Any information communicated to any lawyer via this site does not have the confidentiality protection of the attorney/client privilege. If you are seeking legal advice, find a qualified lawyer in your area. If you need help finding a lawyer, call your local, county or state bar association. All logos and trademarks on this site are property of their respective owners. | ||
Federal Article Feeds