The Massachusetts Paid Family and Medical Leave Act (PFML) reshaped the Commonwealth’s leave landscape, imposing broad obligations on employers and providing employees with job-protected, paid leave for qualifying family and medical reasons. As we have noted, courts and the Department of Family and Medical Leave continue to work through various outstanding issues surrounding the relatively new statute.
No Individual Liability Under PFML
A recent decision from the Business Litigation Session of the Suffolk Superior Court provides important clarity on one of those questions: who may be held liable for alleged PFML violations. In Laughlin v. BinStar, Inc. (Feb. 26, 2026), the court held that PFML liability is limited to the employer entity and does not extend to individual corporate actors.
In this case, an employee sued his employer and various individuals alleging he was repeatedly asked to perform substantive job duties during his PFML leave.
Two individual defendants – affiliates of an investor who served on the company’s board – moved to dismiss. The court granted their motion, concluding that the statute’s definition of “employer” – which is tied to the Commonwealth’s unemployment statute – does not encompass officers, directors, or agents.
In reaching its conclusion, the court contrasted the PFML with other Massachusetts employment statutes, such as the Wage Act, where the Legislature expressly imposed individual liability. The absence of similar language in the PFML...
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