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3rd Circuit Rules Public Agency Supervisors Can Be Liable

The Third Circuit Court of Appeals ruled that supervisors at public agencies can be held individually liable for violations of the Family and Medical Leave Act (FMLA). The 3rd Circuit joined the 5th and 8th Circuits in finding individual liability against supervisors at public agencies for FMLA violations. The 6th and 11th Circuits do not permit individual liability against supervisors at public agencies. The 3rd Circuit found that the inclusion of "any person who acts, directly or indirectly, in the interest of an employer" in FMLA's definition of employer plainly contemplates that liability for FMLA violations may be imposed upon an individual person who would not otherwise be regarded as the plaintiff's employer.

The Second Circuit has not addressed the issue. District courts within the Second Circuit that have addressed the issue have held that supervisors at public agencies can be held individually liable for FMLA violations.

Categories: FMLA
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