Where a petitioner has challenged an unpaid wage citation issued by the Fair Labor Division of the Attorney General’s Office, the citation should be upheld because the evidence established that the petitioner played a sufficient role in the management of the company that failed to pay wages.
“On March 1, 2022, the Fair Labor Division (Division) issued Fashioning Diffusion, LLC and Ivan Herjavec four citations for failing to pay wages timely, failure to keep true and accurate payroll records, failure to provide employees a suitable pay slip, and failure to track accrual or use of sick time. On March 10, 2022, the Division amended the citations to charge Lisa Carnevale as well.
“Mr. Herjavec, who lives in Spain, filed a timely appeal. Fashioning Diffusion, LLC and Ms. Carnevale did not appeal. Mr. Herjavec denied being an officer of Fashioning Diffusion LLC. He stated that he worked for its parent company, Fashioning Diffusion Limited (an Ireland-based company), and that his role with Fashioning Diffusion LLC was simply to assist with sales and marketing. … He also asserted that the LLC’s employees were paid in full and attached a Bank of America statement showing payments in November and December 2020 to the three employees listed in the citation for failure to page wages.
“On March 10, 2024, after Mr. Herjavec produced proof of an additional payment to the three employees, the Fair Labor Division amended the citation for failure to pay wages by reducing the amount of...
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