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Labor & Employment Law
: New York Public Personnel LawPublic Employee and Individual Liability Under FMLA
Source: Adjunct Law Prof Blog; http://lawprofessors.typepad.com/adjunctprofs/
Reproduced with permission. Copyright © 2009, Mitchell H. Rubinstein, Esq., Adjunct Professor of Law, St. Johns Law School and New York Law School, All rights reserved.
Barnes v. LaPorte County, ___F.Supp.2d___ 2008 WL 111019 (N.D. Ind. 2008), is an interesting case. In a case of first impression, the court held that a public employee who acted directly or indirectly in the interest of an employer satisfied the definition of employer under the FMLA. Therefore, the employee could be subject to liability in his individual capacity. There are a number of these types of decisions under the FLSA.
Mitchell H. Rubinstein
NYPPL Comment: see, also Barnes v. LaPorte, 2008 WL 5263364, posted on the Internet at:
http://in.findacase.com/research/wfrmDocViewer.aspx/xq/fac.%5CFDCT%5CNIN%5C2008%5C20080107_0000023.NIN.htm/qx
Full post as published by New York Public Personnel Law on July 23, 2009 (boomark / email).
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