Jottings By An Employer's Lawyer |
Monday, December 27, 2004
Yet Another FMLA Decision - This Time in 8 Days
an employer acts willfully when he or she “knew or showed reckless disregard for the matter of whether its conduct was prohibited by the [FLSA].” The McLaughlin Court added that “[i]f an employer acts reasonably in determining its legal obligation, its action cannot be deemed willful . . . . If an employer acts unreasonably, but not recklessly, in determining its legal obligation, then . . . it should not be . . . considered [willful.]”Although not giving the specifics, the Court found under that test "the facts alleged by Porter cannot conceivably amount to willful behavior." Since he file more than 2 years after the claim arose, end of story. And just in case you were curious (as I was) none of the three judge panel was a NYU Law School grad. Labels: FMLA
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