9th Circ. Affirms Labor Dept. Win In Staffing Co. Overtime Suit
Law360 (March 2, 2020, 11:06 PM EST) — A Minnesota staffing company willfully violated the Fair Labor Standards Act when its payroll employee knowingly recorded overtime hours as regular hours, the Ninth Circuit ruled Monday, affirming an Arizona federal court’s ruling and rejecting the company’s argument that it can’t be held liable for the actions of a low-level staffer.
The three-judge panel sided with former U.S. Department of Labor Secretary Thomas E. Perez, holding in a published decision that Employer Solutions Staffing Group LLC employee Michaela Haluptzok was well aware the grocery employees were working more than 40 hours a week without getting overtime pay.
“ESSG chose Haluptzok as its…