July 28, 2016 Top Story

Supervisors May Be Subject to Personal Liability under FMLA

Appellate court expands scope of FMLA liability to individual supervisors

Adam E. Lyons

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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