Employer Had Burden Of Showing Employee-Counting Exceptions Under FMLA
In this
FMLA interference and retaliation claims case, the United States District Court
held that, for purposes of determining whether the
defendant employer employed at least 50 people within 75 miles of the employee's
work site, so that the plaintiff was an eligible employee, the employer has the
burden of proving the "personal staff" and "policymaking" exceptions under the
Fair Labor Standard Act to counting employees, which exceptions are also
applicable to the FMLA's 50-employee threshold.
Cheek v. The City Of Edwardsville, KS