Tenth Circuit Clarifies When the Door for Individual Liability Under the FMLA Is Opened
On January 14, 2025, the U.S. Court of Appeals for the Tenth Circuit ruled in Walkingstick Dixon v. Oklahoma Regional University System Board of Regents that the Family and Medical Leave Act (FMLA) permits actions against individuals in limited circumstances when the individual qualifies as an “employer” under the “economic reality test.” Quick Hits The Tenth Circuit affirmed the lower court’s application of the economic reality test to determine whether an individual qualifies as an “employer” and thus may be subject to individual liability under the FMLA. In doing so, the Tenth Circuit joined the Second, Third, and Eighth Circuits in holding that the FMLA permits claims for individual liability. Although the Tenth Circuit concluded that a supervisor can be subject to liability under the FMLA, plaintiffs will have difficulty establishing individual liability under the economic reality test. Summary The FMLA permits eligible employees to take leave for serious health...