Mark Spring, partner in CDF's Sacramento office, was recently quoted in HR Executive Online regarding Individual Liability and FMLA Leave.
"Indeed, FMLA regulations can be very tricky, and the Haybarger case does little to solve the individual-liability issue, says Mark Spring, a Sacramento, Calif.-based partner in the employment law firm of Carothers DiSante and Freudenberger. Several circuits (the 3rd and 5th) have now found individual liability, and others (6th and 11th) have found no individual liability under FMLA, he says. With this split in the circuit courts, it's likely that the U.S. Supreme Court will consider analyzing this issue in the future."
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