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No FMLA Successor Liability for Dollar Tree.

On September 27, 2010, the Court in Sullivan v. Dollar Tree Stores (No. No. 08-35413, opinion by Judge Graber) reviewed when a new employer is a successor in interest to a former employer under the Family Medical Leave Act ("FMLA").

Successor Employers - Meet the New Boss, Same As The Old Boss

Suppose a retailer declares bankruptcy. Several of its leases are sold off to another retail chain, which then remodels the stores, stocks them with its own merchandise, and opens them under its own name. If this retailer hires some of the bankrupt company's employees, are those employees new hires under the FMLA, or might they have the right to take FMLA leave immediately, without waiting 12 months or working 1250 hours for the new company?
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