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Bankruptcy

April 14, 2010 By nicole

Fourth Circuit rules for plaintiff in sexual harassment case

In Whitten v. Fred’s, Inc., the Fourth Circuit issued an important ruling in a sexual harassment case. The Court concluded that the company-defendant could held liable for sexual harassment by its manager, even if the manager did not have the authority to fire the harassed worker. Although the Court was addressing state law claims, South Carolina anti-discrimination […]

Filed Under: Uncategorized Tagged With: Bankruptcy, Case Commentary, Fourth Circuit, Sexual Harassment, Title VII

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 […]

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

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