Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: Who can be held personally liable for violations of the Fair Labor Standards Act?
Question
We’ve heard that managers can be held personally liable for unpaid wages of non-exempt staff under the Fair Labor Standards Act (FLSA). Could that liability extend to HR people as well?
Answer
The more control you have over the employment relationship, the more likely you can be deemed an “employer” and held liable, says Jason A. Storipan of the law firm Fisher & Phillips LLP, who’s a contributor to the firm’s Wage and Hour Law Blog.
If you control the terms of employment or have a big role in making personnel decisions and establishing pay policies, you could be held personally responsible for any damages or other remedies under the law.
That means owners, officers, managers and, yes — at least theoretically — HR personnel can be personally sued under the FLSA.
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