Dinkins v. Varsity Contractors, Inc., No. 04 C 1438 (N.D. Ill. Mar. 10, 2005)
Articles Discussing Case:
Possible "Joint Employer" Status Allows FMLA Claim to Advance.
Vedder Price • April 29, 2005
The Family and Medical Leave Act of 1993 (FMLA)
applies to employers with 50 or more employees. In a
recent decision that may have far-reaching consequences
for an employer who contracts out employees to another
company, the U.S. District Court for the Northern District
of Illinois has held that a plaintiff may be able to count the
employees of both companies in order to reach the
50-employee minimum required for liability under the
FMLA.
