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Bates & Company, Inc.
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Compass
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Joint Employers: FMLA Liability Can Be Costly
FMLA Insights Sept. 24, 2014
"To be covered by the FMLA, a private employer must employ at least 50 employees within a 75-mile area. If the employer doesn't meet this threshold, it is not obligated to provide FMLA leave to its employees. However, an employee can enjoy the protections of the FMLA if he is jointly employed by multiple companies that together have 50 or more employees.... Maintaining temporary employees or sharing employees with a related company is a risky endeavor and ... sets up at least the initial building blocks for an FMLA claim." [Cuff v. Trans State Holdings, Inc., No. 13-1241 (7th Cir. Sept. 19, 2014)]
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