Individual Liability Under Wage Act

A former employee sued an officer of her defunct employer for non-payment of wages. The court dismissed the case.

WHY THIS IS IMPORTANT… Even though the court assumed that there was a violation of the wage act and that the defendant was an actual officer of the entity, the case was dismissed because the former employee did not put forward sufficient evidence for a jury to find that his powers gave him overall management of the financial and payroll functions of the company. Only those who are proven to have overall management of the company's payroll and financial functions can be personally liable under the wage act.