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News/Protests & Claims/Liability for FLSA and SCA Claims After An Asset Purchase
Expert Opinion·Protests & Claims Brief

Liability for FLSA and SCA Claims After An Asset Purchase

Under what circumstances will a company that purchases another company be liable for the Fair Labor Standards Act or Service Contract Act liabilities of the acquired company under the doctrine of “successorship liability?” In particular, can an asset sale, rather than a stock purchase or merger, insulate the Buyer from liabilities incurred by the Seller?

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