Eller is “charged with the general and active management of the business of the Corporation.” (Pis.’ Ex. 91.) Eller has the authority to unilaterally change the way workers are paid by Eller and Sons Trees, and he is ultimately responsible for making sure that workers are paid legally. Eller decides who is authorized to bid on contracts for forestry work on behalf of Eller and Sons Trees. Eller makes decisions about downsizing the operations of Eller and Sons Trees, and Eller has the ultimate responsibility for decisions about whether to sell Eller and Sons Trees, although he testified that he would discuss it with other people. In circumstances such as these, other courts have held a corporate officer liable as an employer. See Donovan v. Agnew, 712 F.2d 1509, 1511 (1st Cir.1983) (<HOLDING>); Recinos-Recinos v. Express Forestry, Inc.,
holding president of corporation liable as employer where he inter alia maintained control over the corporations employment and pay practices and had the authority to make all major decisions regarding the corporations business affairs recognizing that diversion of substantial corporate assets to the debtors management or to other corporations owned by management constituted mismanagement at best and fraud or dishonesty at worse holding a corporate officer individually liable without piercing the corporate veil because he specifically directed sanctioned and actively participate in the maintenance of the nuisance holding that the court could exercise jurisdiction over corporate officers who actively and personally involved themselves in conduct violating the lanham act notwithstanding the fact that the defendants acted as agents when they did so holding corporate officers and board members liable where they were actively engaged in the management supervision and oversight of the corporations affairs