Employee Rights and Employment Policy Journal

Chaos Theory: The Unintended Consequences of Expanding Individual Liability Under the Family and Medical Leave Act

Abstract

By
Sandra F. Sperino

Over the past decade, the federal districts courts have repeatedly recognized that individual liability exists under the Family and Medical Leave Act (“FMLA”). Despite this recognition, the courts have struggled to clearly define which individuals might be subject to such liability. In this article Professor Sperino identifies and describes the growing disarray among the courts in articulating an individual liability standard. The current chaos within the law results in a wide range of individuals, including low-level supervisors and human resources personnel, potentially possessing liability for violations of the Act. In addition to identifying and describing this problem, Professor Sperino also argues that interpreting the FMLA as allowing individual liability and applying such liability in a broad fashion, creates internal inconsistencies within the FMLA, raises questions about whether imposition of joint and several liability is appropriate, results in direct conflicts with the Fair Labor Standards Act, and affects some courts’ subject matter jurisdiction over FMLA claims.