By Ryann E. Ricchio, Faegre Baker Daniels
Disputes over joint employment have recently appeared before both the National Labor Relations Board (NLRB) and the federal courts. A new decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—dealt with the issue of joint employment under the Family and Medical Leave Act (FMLA).
The employee brought FMLA interference and retaliation claims against three entities and his supervisor. (Remember, supervisors can be individually liable under the FMLA.) The U.S. District Court for the Northern District of Illinois ruled in favor of the employee, and that decision was recently affirmed by the 7th Circuit.
As you read this article, keep in mind that to be covered under the FMLA, an employer must employ at least 50 employees within 75 miles of the employee’s worksite. Additionally, under FMLA regulations, employees of two employers are combined to satisfy the 50-employee threshold when a joint-employment relationship exists.
Read more here.