Louisiana Record

Sunday, January 26, 2020

DEPARTMENT OF LABOR: U.S. Department of labor recovers wages for employee terminated in violation of the family and medical leave act

By Press release submission | Nov 20, 2019

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U.S. Department of Labor issued the following announcement on Nov. 14.

After an investigation by the U.S. Department of Labor’s Wage and Hour Division (WHD), Imperial Trading Co. LLC – a convenience store distributor of goods and services based in Elmwood, Louisiana – has paid $24,760 to a former employee for violating the Family and Medical Leave Act (FMLA).

WHD investigators found the employer illegally terminated the employee after it failed to recognize her as eligible for FMLA protected leave, despite being aware that she was incapacitated and required several consecutive overnight stays in the hospital. The employer miscalculated FMLA eligibility as a result of their failure to maintain original dates of hire for workers, like the affected employee, who began their employment with the firm through a placement agency. When Imperial Trading Co. LLC failed to recognize the employee’s FMLA eligibility, it erroneously terminated her employment because of her medically necessary absences. The employer also failed to keep records of the FMLA request, as required by law.

To resolve the violations, Imperial Trading Co. LLC paid the employee $12,380 for wages lost since her termination. In addition, in lieu of restoring the employee to her previous position, the employer paid her $12,380 for lost future earnings.

“Companies that rely on temporary labor providers should be aware that employees may reach eligibility for Family and Medical Leave Act protections even when they are jointly employed by more than one employer,” said Wage and Hour Division District Director Troy Mouton in New Orleans, Louisiana. “The U.S. Department of Labor is committed to enforcing the law and educating employers to ensure employees are not prevented from exercising their FMLA rights. We encourage employers to reach out to us with questions so that violations like those in this case can be avoided.”

Original source can be found here.

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U.S. Department of Labor