• Skip to main content
  • Skip to primary sidebar
  • Skip to footer

North Carolina Personal Injury & Workers Compensation Attorneys

  • facebook
  • twitter
  • instagram
  • linkedin

Call Us 919-240-4054

Main navigation

  • Camp Lejeune
  • Workers’ Comp
    • Durham, NC
      • Burns and Explosions
      • Durham back injury lawyers
      • Brain Injury
      • Chemical Exposure
      • Construction Accidents
      • Healthcare Workers and COVID-19
      • Occupational Disease
      • Union Members
      • Workplace Violence
  • Personal Injury
    • Durham, NC
      • Burn Injury
      • College Campus Injuries
      • Car Accidents
      • Catastrophic Injuries
      • Premises Liability
      • Product Liability
      • Trucking Accidents
      • Traumatic Brain Injury
    • Charlotte, NC
      • Trucking Accidents
      • Brain Injury Lawyer
      • Burn Injury Lawyer
      • Premises Liability Lawyer
      • Product Liability Lawyer
      • Car Accident Lawyer
      • Catastrophic Injury Lawyer
  • Wrongful Death
    • Durham, NC
    • Charlotte, NC
  • Bicycle Crash
    • Charlotte, NC
  • Our Lawyers
    • Ann E. Groninger
    • Valerie Johnson
    • Helen S. Baddour
    • Drew Culler
    • Jennifer Segnere
    • Speaking Engagements
  • Resources
    • Law Blog
    • Our Community
  • Contact Us
  • Español

August 2, 2009 By nicole

Ninth Circuit says individual managers can be held responsible for FLSA violations, regardless of bankruptcy

In Boucher v. Shaw, the Ninth Circuit Court of Appeals ruled that individual managers/owners — in this case a hotel’s CEO, CFO, and labor/employment manager — may be held liable for unpaid wages, vacation, and holiday pay under the Fair Labor Standards Act (FLSA). The FLSA allows suits to be brought against individuals, in addition to the employer-company itself, in certain cases. Specifically, individuals can be on the hook if they “exercise control over the nature and structure of the employment relationship,” such as the managers here. Significantly, the court also held that even though the company had gone into bankruptcy, the claims against the individual managers could proceed all the same. The bankruptcy affects claims against the company, but not claims against the individual managers. This is an important principle for workers who are cheated out of wages by failing companies.

Filed Under: In the News Tagged With: Bankruptcy, Case Commentary, Fair Labor Standards Act, FLSA, Lost Wages, Manager Liability, Ninth Circuit

Primary Sidebar

Primary Sidebar

Occupation

  • Bus Drivers
  • Construction Workers
  • First Responders
  • Police Officers
  • Truck Drivers
  • State Employees
  • Union Members

Injury

  • Asbestos Exposure
  • Durham back injury lawyers
  • Brain Injury
  • Burns and explosions
  • Chemical Exposure
  • COVID-19 and Healthcare Workers
  • Occupational Diseases
  • Workplace Violence

Free Legal Resources

  • Workers’ Compensation 101
  • 8 Questions to Answer Before You Are Ever in a Wreck
  • Essentials for Workers’ Comp Success
  • Help for Families of North Carolina Burn Victims

Locations

Durham Office

300 Blackwell St S#101, Durham, NC 27701

Phone: (919) 240-4054

Fax: (888) 412-0421

Charlotte Office

1018 East Blvd., Ste 6 Charlotte, NC 28203

Phone: (704) 200-2009

Fax : (888) 412-0421

Read Our Google Reviews

Get more stuff

Subscribe to our mailing list and get interesting stuff and updates to your email inbox.

Thank you for subscribing.

Something went wrong.

We respect your privacy and take protecting it seriously.

Copyright Johnson & Groninger PLLC Law Firm SEO by EverSpark Interactive