Federal District Court Upholds Worker’s Right to Sue Individual Supervisors Under the FLSA and PMWA

On April 7, 2009, United States District Judge William L. Standish of the Pittsburgh-based Western District of Pennsylvania issued a thoughtful opinion in Burroughs v. MGC Services, Inc., 2009 U.S. Dist. LEXIS 29700 (W.D. Pa. Apr. 7, 2009). In Burroughs, a Johnstown-area worker represented by WLF alleged that she was denied overtime pay in violation of the FLSA and the PMWA. The worker sued both the employing company and the company’s clief executive. The chief executive moved to dismiss the complaint, asserting that she could not be sued individually under the FLSA. Judge Standish flatly denied the meritless motion, reiterating the well-established principle that individual supervisors can be liable under the FLSA and PMWA where they are directly involved in the alleged overtime violation. Please give us a call or send an e-mail if you’d like a copy of the opinion.

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