Individual supervisors may now face personal liability under the Family Medical Leave Act (FMLA). Adopting an "economic reality" test, the U.S. Court of Appeals for the Second Circuit concluded that a supervisor exercising sufficient control over a worker may be considered an "employer" subject to personal liability under the FMLA. The appellate court addressed an issue of first impression, and the decision follows a trend of expanding the FMLA to include supervisory liability.
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