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Campusano v. Lusitano Const. LLC

August 5, 2020

Even though father of construction company’s owner supervised employees and manifested some ability to pay them, father could not be liable to employees for unpaid wages under the Fair Labor Standards Act because, under the “economic reality test,” father was not the workers’ “employer.”  Father could not be liable under Maryland Wage Payment and Collection Law for compensatory or treble damages or attorney fees, although father engaged in supervisory tasks such as controlling employee work schedules and conditions of employment, and although father had occasionally covered some company expenses including payroll with his own funds; father lacked authority to hire and fire, did not determine rate or method of payment, and had no ownership interest in company.