"[T]he court observed that liability under the FMLA may attach to any 'employer,' and the statute broadly defines the term 'employer' to include 'any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer.' Next, the court noted that the definition of 'employer' in the Fair Labor Standards Act (FLSA) is 'materially identical' to the definition in the FMLA. Because the U.S. Court of Appeals for the 1st Circuit ... has ruled that individual supervisors may be sued personally under the FLSA, the judge ruled that it was only logical to follow the 1st Circuit's ruling when determining individual liability under the FMLA." [Eichenholz v. Brink's Inc., No. 16-11786 (D. Mass. May 9, 2017)]

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