United States: Third Circuit Decision Will Make It More Difficult For Employers To Defeat FMLA Interference And Retaliation Claims
Earlier this month, the U.S. Court of Appeals for the Third Circuit issued a decision which raises the bar for employers seeking to obtain summary judgment on claims raised under the Family and Medical Leave Act (“FMLA”) for interference with protected rights and retaliation for taking FMLA leave.
In Lupyan v. Corinthian Colleges, Inc., the Court concluded that: (1) an employer’s failure to provide notice to an employee that her leave would be characterized as leave […]