Total Articles: 4
Court Finds Apprentice Program Constitutes “Joint Employer” for Purposes of FMLA Coverage.
A judge for the United States District Court for the Western District of Washington recently ruled that a Seattle apprenticeship program was the “joint-employer” of a plumbing apprentice for purposes of coverage under the FMLA.
Seventh Circuit Addresses “Joint Employer” Issue Under FMLA.
The federal appellate court with jurisdiction over Indiana recently addressed the “joint employer” issue under the Family and Medical Leave Act (FMLA) for the first time. According to the Seventh Circuit Court of Appeals, the worker’s FMLA retaliation claim was properly dismissed because she failed to establish that the non-profit corporation she worked for was a joint employer with the city and county that financed and sponsored the corporation.
Designation As "Joint Employer" Requires Some Control Over The Work Or Working Conditions Of The Employee (7th Cir.).
The Family and Medical Leave Act (FMLA) makes it unlawful for any employer to interfere with an employee’s rights under that Act. Although the Act itself does not address situations in which multiple entities may be viewed as “joint-employers” for purposes of the FMLA, the Department of Labor (DOL) has issued regulations setting out situations in which joint-employer liability may be found.
Possible "Joint Employer" Status Allows FMLA Claim to Advance.
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.
