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Termination › Family and Medical Leave Act (FMLA) › Economic Realities Test

Ogletree, Deakins, Nash, Smoak & Stewart,...

Second Circuit Holds HR Professionals Can Be Liable as ‘Employers’ Under FMLA

Ogletree, Deakins, Nash, Smoak & Stewart,... on

The Second Circuit Court of Appeals has recently held that a human resources manager could be held liable as an employer under the Family and Medical Leave Act (FMLA). In issuing its decision in Graziadio v. Culinary...more

Parker Poe Adams & Bernstein LLP

Second Circuit Finds Human Resource Manager Personally Liable for FMLA Violations

Parker Poe Adams & Bernstein LLP on

The Family and Medical Leave Act imposes liability for interference by the “employer” with leave rights. Typically, the disgruntled employee asserts FMLA claims against the company employing him or her, but the Act also...more

Proskauer - Law and the Workplace

Second Circuit Holds That HR Director May Be Individually Liable Under the FMLA Based On “Economic Realities” Analysis

Proskauer - Law and the Workplace on

It may not be well-known that the Family Medical Leave Act (“FMLA”) provides for individual, as well as corporate liability. Therefore, in a matter of importance to Human Resources personnel, supervisors, and their employers,...more

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