Employer Solutions Staffing Group, LLC v. Scalia
Petition for certiorari denied on February 22, 2021
Issues: (1) Whether the Supreme Court’s willfulness standard, which
requires a showing that “the employer either knew or
showed reckless disregard for the matter of whether its
conduct was prohibited by the statute,” may be
satisfied merely by a showing that a non-compliant
employer was on notice of its general requirements under the Fair Labor Standards Act but had no actual knowledge of or reason
to believe that it was not complying with any
requirement of the FLSA; (2) whether the Employer Solutions Staffing Group was liable for overtime
wages when there was no evidence that they knew or
should have known that overtime wages were not
properly being paid by a low-level employee; and (3) whether the Employer Solutions Staffing Group may seek contribution
under the FLSA from other joint-employers for joint and
several liability for an overtime wage award.