Mercer
Mercer v. Borden
Opinion
Opinion
Taylor, J.
ORDER
On first Ninth Circuit impression, the Court holds the Family and Medical Leave Act, 29 U.S.C. § 2601 and following, extends potential liability to individuals.
I. BACKGROUND
Plaintiff alleges various wrongful employment practices against his employer and several manager-level individuals, including refusal to allow Plaintiff to take leave to care for his wife during a dangerous pregnancy. Among other claims, Plaintiff asserts a violation of the Family and Medical Leave Act (“FMLA”), 29 U.S.C. § 2601 and following.
The individual manager-level defendants move to dismiss the FMLA claim, contending individual defendants cannot be liable under that statute.
II. DISCUSSION
Whether potential liability under the FMLA extends to individuals is an issue of first impression in the Ninth Circuit. Additionally, no other Circuit Court has yet decided this issue, and the few district courts that have addressed it reached different conclusions. However, there is a clear weight of authority.
Most of the district courts that have considered the question have concluded potential liability under the FMLA extends to individuals. The definition of “employer” in the FMLA is identical to…