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Peters v. Gilead Sciences, Inc., 7th Cir., No. 06-4290, July 14, 2008

Articles Discussing Case:

Seventh Circuit Awards FMLA Rights to Ineligible Employee.

Fisher Phillips • September 05, 2008
In today's workplace, employees are increasingly looking for opportunities to telecommute. Whether based on a desire to balance family and professional responsibilities, or more recently, to save money at the gas pumps, a rapidly growing number of employees would prefer to work from home. According to a recent Dice Holding study, nearly 40% of information technology workers would accept up to a 10% reduction in salary for the opportunity to work from home. This trend shows no signs of letting up any time soon.

Employer's Inclusion of FMLA Benefits In Handbook May Bind Company, Even Without the Requisite 50 Employees (7th Cir.).

Ogletree Deakins • July 25, 2008
Under the Family and Medical Leave Act (FMLA) a qualified employee is one who has worked for at least 1250 hours during the previous 12 months. In addition, an employer is subject to the FMLA if it has at least 50 employees within a 75 mile radius. Recently, the 7th U.S. Circuit Court of Appeals held that an employee can proceed with state-law claims for breach of contract or promissory estoppel based on handbook language granting FMLA-type leave, even though the employer had less than 50 employees.