Economic realities govern individual FMLA liability

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted July 21, 2020 10:59 AM

In addition to suing Northwest Orthopaedics & Sports Medicine Ltd. for allegedly violating her rights under the Family and Medical Leave Act by reportedly refusing to reinstate her as an occupational therapist after she took time off to care for her dying husband, Shirley Katz sued eight individuals — the six orthopedic surgeons who owned the business, its director of operations and the clinic’s manager — alleging they also qualified as her employer under the FMLA.The shareholders “made decisions about clinic business …

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