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Case: Wage & Hour/Employer Status (D.R.I.)

April 8, 2020, 9:14 PM

A human resources manager for a corporation that hired a certified nursing assistant to provide home health care services is entitled to dismissal of the overtime and retaliation claims brought by the CNA against her in her individual capacity under the Fair Labor Standards Act, because the CNA failed to allege that the HR manager was an “employer” within the meaning of the FLSA. The CNA didn’t allege that the manager had any ownership interest in the corporation, that she was a corporate officer, a member of the board of directors, that she set or exercised any control over the...

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