The Massachusetts Suffolk Superior Court recently issued a significant decision in Laughlin v. BinStar, Inc., et al. (Civil No. 25-1625-BLS1), clarifying that the Massachusetts Paid Family and Medical Leave Act (PFML) does not provide for individual liability, distinguishing it from other employment statutes like the Massachusetts Wage Act or the Fair Employment Practices Act (Chapter 151B).
Background of the Case
The plaintiff, a former CEO and co-founder, brought suit against two individual directors and a venture capital firm following the dissolution of his company. Among his various claims, the plaintiff alleged that the individual defendants interfered with his PFML rights and retaliated against him for taking protected leave by sending over 60 messages demanding he perform “CEO-level duties” while he was out on leave.
The individual defendants moved to dismiss, arguing that as directors on the company board, they did not fall within the PFML’s statutory definition of an “employer” and therefore could not be held personally liable under the statute.
The Rejection of Individual Liability and “Aiding and Abetting”
In his decision, Judge Peter B. Krupp allowed the motion to dismiss the PFML claims against the individual defendants, centering his analysis on the scope of the term “employer” under the PFML:
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