Can an Individual be Sued Under the FMLA Even Though the Individual is Not a Corporate Officer?

The courts are split on this issue – some hold that only corporate officers can be sued; whereas hold that any individual can be sued irrespective of his/her status within the corporate hierarchy. Recently, Judge O’Neill in Narodetsky v. Cardone Industries Inc., 2010 U.S. Dist. LEXIS 16133 (E.D.Pa. Feb. 24, 2010), held that all employees of the corporation are subject to suit under the FMLA. Judge O’Neill’s opinion collects cases reflecting the split among the courts.