Calvin Associates, Inc.

post »New York Appeals Court Imposes Individual Employee Liability for Interfering with FMLA Leave and Retaliation 4-14-16

April 21 2016, 6:28 pm

Bruce’s Summary: On March 17, 2016, the federal Court of Appeals in New York held for the first time that a human resources director and other managers can be liable for personally violating another employee’s rights under the Family and Medical Leave Act (“FMLA”). The Court applied the familiar “economic reality test” used under the Fair Labor Standards Act (“FLSA”) to determine if responsible employees can be held personally responsible in such cases. The decision appears to reflect a steady acceptance of individual liability in FMLA cases as the Court of Appeals followed the lead of three other federal appellate courts, and several district courts within its own circuit in reaching its decision. Good article “None of the information contained herein should be construed as legal advice, nor are Calvin Associates consultants engaged to offer legal advice. If there is a need for legal advice, please contact and seek the advice of independent legal counsel.”