First Circuit Clarifies When High-Level Executive May Be Subject to FLSA Liability

In Manning v. Boston Medical Center Corp., a case that creates concern for high-level executives but provides a measure of relief for senior human resources employees, the U.S. Court of Appeals for the First Circuit vacated a district court’s dismissal of claims against the defendant’s former president and CEO and held that Fair Labor Standards Act overtime claims were sufficiently pled against her. However, the First Circuit affirmed the district court’s dismissal of FLSA claims against the defendant’s former senior human resources director (HRD). Manning comes shortly after the Second Circuit Court of Appeals’ decision in Irizarry v. Catsimatidis, where the court also held that a CEO could be personally liable for the company’s alleged FLSA violations.