If I'm ever sued, this site will go up for sale for the amount of damages sought, along with posting any documents I receive. If you think you can copyright a letter you send to me, go for it.
I'm still learning about blog design and I've found a problem when viewing this blog. It does not behave properly in small browser windows and if your display resolution is less than 1280 pixels wide and/or you are viewing the blog in a window less than 980 pixels blog wide, the right side bar is pushed below any visible post. I've searched the web and looked at the code for hours but can't find the problem. My next step, when I get the time, is to recreate the blog with a new template. Advice is appreciated.

Tuesday, April 7, 2009

Personal Responsibility

"Recent decisions throughout the nation indicate that courts are willing to impose personal liability on executives, supervisors, managers, and even HR professionals for violations of the FMLA. The basis for individual liability is found in the Act''s definition of the term "employer."

Unlike the federal laws banning discrimination on the basis of various protected characteristics, each with its own definition of the term "employer," the FMLA incorporates the Fair Labor Standards Act''s (FLSA) definition of an employer. Under that definition, an executive, supervisor, manager, and "any other person who acts, directly or indirectly, in the interest of an employer to any of the employees of such employer" may be held liable for a violation of the FMLA."

I had an earlier post dealing with personal responsibility where an employer is concerned and I'd like to examine the same issue as it applies to a labor organization. It is established that a labor organization, hence the officers,  has a fiduciary duty to the members and must use the member's money only for the benefit of the members.

I must pose a question: At what point does the reality that a labor organization will spend the member's money to defend itself start conflicting with it's fiduciary duty to protect that money?

I admit I don't know the answer but I suspect I can find out.

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