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Yes.  Unlike other debts owed by a company, unpaid minimum wages and overtime can often be recovered from certain high-level company officials as well as from the company.  As the U.S. Court of Appeals for the Second Circuit recently ruled, the Fair Labor Standards Act (FLSA) defines the term “employer” based on “economic realities” to include not only the offending company but also high-level managers who determine how the business treats its employees.  See Irizarry…

These rulings will limit companies’ liability for harassment by apparent bosses without full hire-and-fire authority, and will complicate employer benefit plans as applied to same-sex couples, who will have new rights under current employment laws. Definition of Supervisor under Federal Employment Civil Rights Laws On June 25th, in Vance v. Ball State University, the U.S. Supreme Court clarified the meaning of “supervisor” for purposes of the Civil Rights Act of 1991.  The Supreme Court defined

Generally no.  Employers are entitled to evaluate an employee’s performance and communicate criticisms to the employee and others within the company to resolve performance issues.  Most criticism falls within the category of opinion, which cannot defame an employee, and harsh criticism alone does not constitute an adverse employment action under Federal civil rights laws. In certain circumstances, however, a manager may criticize an employee so harshly and broadly as to create potential liability for the