Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

Court Highlights The Expansive Definition Of “Employer” Under The FLSA In Imposing Individual Liability On Restaurant Owner

By Brian Murphy on September 5, 2017
Email this postTweet this postLike this postShare this post on LinkedIn

In Pineda v. Frisolino, Inc. and Peter Migliorini, the Court issued an opinion and order setting forth its conclusions of law following a four-day bench trial into claims of unpaid wages under the FLSA and NYLL. See 15-CIV-3774 (GBD) (S.D.N.Y. Aug. 29, 2017). Of particular note was the Court’s determination that the restaurant’s owner qualified as an “employer” under the FLSA and was thus jointly and severally responsible for the damages awarded to the plaintiffs.

The Court noted the broad definition of an “employer” under the FLSA: “any person acting directly or indirectly in the interest of an employer in relation to an employee.” The Court held that the “economic reality test” was the appropriate test to apply in resolving this issue, and required resolution of whether the alleged employer: (1) had the power to hire and fire the employees; (ii) supervised and controlled employee work schedules or conditions of employment; (3) determined the rate and method of payment; and (4) maintained employment records. The testimony at trial revealed that Mr. Migliorni supervised the plaintiffs, participated in the decision to hire them, and signed their checks, and that he was a constant presence in the restaurant. Consequently, the Court found him to be an “employer” and jointly responsible for nearly $500,000 in damages.

The potential for individual liability under the FLSA and/or NYLL can be unsettling to business owners, particularly in the context of class and collective litigation, where a determination that an individual is an “employer” may mean ruinous personal financial liability. Because of the breadth of the definition of “employer” under these laws, it is important to speak with counsel to discuss safeguards or operational changes that can serve to minimize the potential for such a determination.

Photo of Brian Murphy Brian Murphy

Brian Murphy is a partner in the Labor and Employment practice group and is based in the New York office.

Read more about Brian MurphyEmail
  • Posted in:
    Employment & Labor
  • Blog:
    NY Courts & The Fair Labor Standards Act
  • Organization:
    Sheppard, Mullin, Richter & Hampton LLP

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo