Nicholas Gray v. Michael Powers

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that a defendant with no control over any aspect of the employment relationship was not an employer under the FLSA
• holding that evidence that an individual occasionally signed checked and that employees told him how much money they made in tips did “not indicate that [the individual] determined the employees’ rate or method of payment”
• holding that the first element was not established when the only evidence produced was that the defendant was a member of the board that ran the plaintiffs workplace and participated in a group decision to hire a general manager for the establishment
• recognizing that “individuals ordinarily are shielded from personal liability when they do business in a corporate form, and it should not lightly be inferred that Congress intended to disregard this shield in the context of the FLSA” (cleaned up)
• noting that defendants “held liable as FLSA employers ... exerted actual operational control”
• holding, in an opinion cited with approval by the Second Circuit in Irizarry, that signing company checks does not make an owner an “employer” under the FLSA

Source: CourtListener parenthetical corpus (CC0).