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.