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On the director liability issue, the court stated that the test for individual liability for FLSA violations is whether there was sufficient operational control exercised by the individual.

The first was issued on January 22, 2013, against Diversified Interiors of Amarillo, Ltd. (“DI”), an Amarillo construction-related firm, for $76,417 back overtime wages to 63 employees, and the second was issued on February 6, 2013, against Austin Industrial Services LP, a construction company providing maintenance and construction work for the Phillips 66 oil and gas refinery in Borger, for $214,398 in overtime back wages to 13 employees.

Finally, a victory for an employer on an independent contractor worker classification! This usually is a losing battle for employers who try to classify workers as independent contractors instead of employees, thus avoiding payment of overtime, minimum wage, withholding and social security taxes, and the like.

If you’ve been keeping up with news, even on a local basis, you know that Fair Labor Standards Act (“FLSA”) claims (wage & hour overtime especially) continue to be a Number One source of headaches and big payments for employers. The dreaded “collective” FLSA action, brought by one or more employees on behalf of all employees similarly situated, can bankrupt an employer.

Finally, an employer's use of employee's Facebook postings helped the employer, instead of triggering a claim against it!