Public officials can be personally liable for FLSA violations
A recent ruling by the Kansas Court of Appeals found that public officials can face personal liability issues when the Fair Labor Standards Act is violated.
After an agent of the Kansas Bureau of Investigation was fired based on time and attendance discrepancies, he filed a lawsuit claiming retaliation against his supervisors, according to legal news source BLR. The suit included the agent's two immediate supervisors and the director of the bureau.
The court ruled that because the KBI's director had powers analogous to an employer - ultimate control over the ability to hire and fire, hours worked, office conditions and payment concerns as well as responsibility for employment records - he could be held personally liable for FLSA violations.
In a similar vein, a recent ruling by the U.S. Court of Appeals for the Second Circuit found that the CEO of a New York-based grocery chain could be held personally responsible for FLSA violations as well, legal news source Law360 reported. The decision extends the act's definition of an employer up the corporate ladder.
With personal liability rulings including more high-level executives of public and private companies, the use of appropriate employee management software can help maintain compliance and reduce risk for individuals and entire businesses.
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