Section 8 Individual Liability
| Library | Employment Discrimination 2008 |
Most courts have held that individual liability exists under
the FMLA, comparing the language of the FMLA to FLSA interpretations. SeeDarby v. Bratch, 287 F.3d 673 (8th Cir. 2002). The FMLA defines an employer as “any person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer.” 29 U.S.C. § 2611(4)(A)(ii)(I). This language is very similar to the definition of employer under the FLSA, which defines an employer as “any person acting directly or...
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