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Text of Second Circuit Opinion: Human Resource Director Can Be Held Individually Liable for FMLA Interference Claim (PDF)

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)]

HR Director May Be Individually Liable for FMLA and Wage Violations

"A human resources director named, individually, as a defendant in a FMLA and wage lawsuit by an employee fired upon returning from medical leave, will remain on the hook in the lawsuit ... Denying the defendants' motion to dismiss, the court concluded that the plaintiff sufficiently alleged that the individual defendant had supervisory authority over her and was responsible in part for the alleged FMLA violation." [Edelman v. Source Healthcare Analytics, LLC, No. 16-6280 (E.D. Pa. July 18, 2017]

Connecticut Supreme Court Says HSAs Are Not Retiree Coverage

"The Connecticut Supreme Court reversed a lower court and held that the Town of Groton is not required to extend employer health savings account (HSA) contributions to retired police officers.... [R]etirees argued that a 2008 pension agreement promising the 'nature and scope of coverages, including but not limited to deductibles' in effect for active officers entitled them to the same HSA contributions the town provides to active officers under a later collective bargaining agreement." [Duso v. Groton, No. SC 21082 (Conn. Dec. 9, 2025)]

Employer Offers Ketamine Therapy as Part of Standardized Benefits Plan

"According to data from benefits provider Enthea ... 86% of the employees who accessed ketamine therapy saw an improvement with PTSD symptoms. 67% saw an improvement in depressive disorders and 65% felt better in dealing with their anxiety. 65% saw an improvement in dealing with a generalized anxiety disorder."

Open Enrollment Prep: What Benefits to Consider for Your Employees

"Employee wellness has become the top priority since the COVID-19 pandemic ... Another benefit that's in high demand is flexibility, regarding where, when and how employees work.... 48% of workers said that the ability to work from home some or all of the time would be a major or the most important factor in determining whether to accept a job offer in the future."

Hearing on Leading by Example: Making Government a Role Model for Hiring and Retaining Older Workers

The page provides links to the Witness Testimony of Barbara Bovbjerg, Director, Education, Workforce and Income Security Issues, US Government Accountability Office; Robert Goldenkoff, Director, Strategic Issues, US Government Accountability Office; Nancy Kichak, Associate Director, Strategic Human Resources Policy, Office of Personnel Management; Thomas Dowd, Administrator, Office of Policy Development and Research, Employment and Training Administration, US Department of Labor; Max Stier, President and CEO, Partnership for Public Service; and, Chai Feldblum, Co-Director, Workplace Flexibility 2010.

Benefits Attorney Donald R. Levy Dies

Excerpt: He served as Vice President and Employee Benefit Consultant to Johnson & Higgins as Vice President-Human Resources and Director of Employee Benefits at UST (United States Tobacco Company), as Senior Consultant with William M. Mercer, Inc. His publishing activity developed in post retirement, after a few years with Prentice Hall and RIA. He continued with his own publishing business and authored many books, including the Pension Handbook. He taught at the University of Connecticut, served as a panelist for the Practicing Law Institute, and lectured before various professional groups.

Employee Ownership Update for August 16, 2005

NCEO Executive Director Corey Rosen discusses proposed regulations on reimbursement for ESOP companies with federal contracts; Shell's settlement of a lawsuit over company stock in a 401(k) plan; a Mercer Human Resources survey finding a major decline in stock options but not in ESPPs; a new NCEO study of closely held ESOP companies finding that most use their entire board to set executive pay; and an employee ownership management program at the University of Wisconsin.

Insurance Brokers Get Paid More to Sell More, Fueling High Health Care Costs

"Human resource directors often rely on independent health insurance brokers to guide them through the thicket of costly and confusing benefit options offered by insurance companies. But what many don't fully realize is how the health insurance industry steers the process through lucrative financial incentives and commissions. Those enticements, critics say, don't reward brokers for finding their clients the most cost-effective options."

With Yields Low and Fees High, 'Safe' Funds Used in Deferred Compensation Plans May Eat Away at Principal.

"Human-resources directors and finance officers need to look into their 457 and 403b deferred compensation plans. They may be using bond funds and money market funds with fees so high that their participants will likely earn negative returns."