In Hewett v. Willingboro Bd. of Ed., No. 05-2035, 2006 U.S.Dist. LEXIS 12495 (D.N.J. March 15, 2006), the court found that the Executive director of Human Resources and Administrative Service s and the Superintendent of the Willingboro Public Schools may be individually liable for violations of the FMLA in addition to agency liability. The decision gives a fairly through analysis of the issue.
Comment: Individual supervisor liability for violation of the FMLA in the private sector is well-established. The courts are split on individual supervisor liability for FMLA violations in the public sector. Individual liability means that public officials can be personally sued for monetary damages for their involvement with FMLA violations. Such liability may be in addition to any liability sought against the public agency itself.