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· 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 CourtListener

Sourced 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.