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Text of Second Circuit Opinion: Human Resource Director Can Be Held Individually Liable for FMLA Interference Claim (PDF)
U.S. Court of Appeals for the Second Circuit
Mar. 18, 2016
28 pages. "[The plaintiff-employee] challenges the district court's conclusion that [the employer's Director of Human Resources] does not constitute an 'employer' under the FMLA and therefore cannot be held individually liable.... [S]everal of our sister circuits ... have observed that the FMLA's definition of 'employer' largely tracks the definition of 'employer' used in the Fair Labor Standards Act and have come to the reasoned conclusion that the standards used to evaluate 'employers' under the FLSA should therefore be applied to govern the FMLA as well....[We] conclude that a rational jury could find, under the totality of the circumstances, that [the Director of Human Resources] exercised sufficient control over [the plaintiff-employee's] employment to be subject to liability under the FMLA." [Graziadio v. Culinary Institute of America, No. 15-888 (2d Cir. Mar. 17, 2016)]
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