· 7/9/2013
Irizarry v. Catsimatidis
Citations
- 722 F.3d 99
- 20 Wage & Hour Cas.2d (BNA) 1674
- 2013 WL 3388443
- 2013 U.S. App. LEXIS 13796
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that an individual was an employer under the FLSA even though he did not meet the second and fourth prongs of the Carter test
- holding that the fact that an individual plaintiff’s electronic signature appeared on paychecks was not dispositive
- holding that “[o]wnership, or a stake in a company, is insufficient to establish that an individual is an ‘employer’ without some involvement in the company’s employment of the [plaintiff] employees” (emphasis added)
- holding that an individual can be personally liable under the FLSA as an employer where the individual possesses control over the company’s actual operations in a manner that relates to the plaintiff’s employment
- holding that “[e]vidence that an individual is an owner or officer of a company, or otherwise makes corporate decisions that have nothing to do with an employee’s function, is insufficient to demonstrate ‘employer’ status”
- holding owner of company qualified as an employer due to, inter alia, his authority to hire and fire employees and overall financial control of company
Source: CourtListener parenthetical corpus (CC0).
Judges: Wesley, Hall, Goldberg
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.