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 State Employment Law Articles
Report Link Washington Appeals Court Holds Corporate Officers Liable for Unpaid Wages and Double Damages.Jackson Lewis LLP - September 23, 2009 The Washington State Court of Appeals has upheld a judgment for willful withholding of wages that was entered against both the employer corporation and two of its corporate officers. The Court rejected the officers’ arguments that insufficient funds, the corporate veil and the business judgment rules shielded the officers from personal liability for amounts undisputedly owed. Durand v. HIMC Corp., No. 37088-3-II (Wash. Ct. App. Aug. 25, 2009). The Court also affirmed the trial court’s rulings holding that the corporate employer breached its employment contract with the plaintiff as to disputed amounts for severance, a relocation payment, and a year-end bonus. Report Link Washington Supreme Court Holds CEO and CFO Personally Liable for Unpaid Wages.Jackson Lewis LLP - July 23, 2009 The Washington State Supreme Court has held an employer’s Chief Executive Officer and Chief Financial Officer personally liable for willfully failing to pay wages in violation of state law (RCW 49.52.070). Expanding prior law, the Court further held that these officers could not use the employer’s bankruptcy as a defense against personal liability. Accordingly, the Court affirmed summary judgment in favor of a class of employees who sued the officers to recover their unpaid wages plus double damages and their attorneys’ fees and costs.
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March 24, 2010 Fisher & PhillipsEmployment Law Breakfast Briefings`Kenner
March 24, 2010 Fisher & Phillips |
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