Expanded FLSA Liability: Responding to the New Threat to CEOs, Directors and Joint Employers

Establishing Best Practices for Corporate Structuring, Pay Practice Reviews, and Employment Relationship Audits of Shared or Leased Employees

Recording of a 90-minute CLE webinar with Q&A

Conducted on Wednesday, March 12, 2014

Recorded event now available

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Program Materials

This CLE webinar will equip employment counsel with the tools necessary to tackle a new FLSA liability threat to CEOs and directors of companies and joint employers. The panel will provide techniques for responding and preventing exposure to liability.

Description

Recently courts have expanded responsibility for FLSA violations to individual CEOs, directors and joint employers. As a result of the courts’ broad interpretation of “employer,” wage liability can potentially extend to anyone making key decisions regarding the economic realities of an employer-employee relationship.

Now, individuals and joint employers can be liable for double damages plus attorneys’ fees, interest and costs. In class action claims, these damages and costs can be substantial. Some states limit the company’s ability to indemnify executives for personal wage violation claims.

As such, counsel must be aware of the legal standards created by the courts in implementing personal and joint employer liability—and anticipate exposure vulnerabilities and adjust accordingly. 

Listen as our distinguished panel reviews the expanded FLSA standards for personal and joint employment liability amid recent court decisions. They will provide counsel with best practices to avoid liability, for corporate and relationship restructuring, and review of pay practices.

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Outline

  1. Personal liability in FLSA claims
  2. Joint employer liability in FLSA claims
  3. Economic realities test
  4. Best practices
    1. Avoiding liability
    2. Restructuring of CEO, director involvement
    3. Relationship restructuring in joint employment arrangements
    4. Review of pay practices

Benefits

The panel will review these and other key questions:

  • Under what circumstances can a CEO, director or joint employer become personally liable for FLSA wage violations?
  • How should employers adjust individual executives’ responsibility and authority pursuant to the economic realities test?
  • How should joint employers audit their relationships with shared or leased employees?

Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.

Faculty

Christopher B. Kaczmarek
Christopher B. Kaczmarek
Shareholder
Littler Mendelson

Mr. Kaczmarek represents employers before state and federal administrative agencies and courts. He regularly defends...  |  Read More

Martucci, William
William C. Martucci
Partner
Shook Hardy & Bacon

Mr. Martucci practices exclusively on behalf of management in connection with national employment litigation and policy...  |  Read More

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