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Court rejects “joint employer” claim under FMLA

Court rejects “joint employer” claim under FMLA

Court rejects “joint employer” claim under FMLA

The Seventh Circuit Court of Appeals has affirmed the dismissal of a 911 emergency dispatcher’s claim for protection under the Family Medical Leave Act because the nonprofit for which she worked had only 23 employees and the city and county that used the services were not “joint employers” who controlled her work. The Court concluded that there was no evidence that the City or County had control over her work or working conditions, the communications center was not formed to evade the requirements of the Act, and the policies of the small-employer exception were furthered by limiting liability in this case. Denise Moldenhauer was first employed by the Tazewell-Pekin Consolidated...

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