FMLA
Supreme Court affirms state employees’ right to sue for money damages under FMLA
In a 6-3 decision, the Supreme Court held that State employees, like private sector employees, may recover money damages in federal court in the event of the State’s failure to comply with the FMLA’s family-care provision. In Nevada Department of Human Resources v. Hibbs, Justice Rehnquist, writing for the majority, found that Congress had the power to extend the FMLA’s reach over state employers. State employees have the right to sue their employer for money damages for violations of the act.
FMLA provides right to jury trial
Although not expressly stated in the Act, the FMLA provides a plaintiff with a right to a jury trial. In Frizzell v. Southwest Motor Freight, No. 97-5846 (decided September 10, 1998), the court of the appeals for the Sixth Circuit reviewed the district court’s refusal to grant the plaintiff’s request for a jury trial on her FMLA claim. The appeals court noted that the statute does not expressly provide for the right to a jury trial; however, the structure of the remedial provisions of the FMLA, the reference in the FMLA’s legislative history to the Fair Labor Standards Act, and other pieces of its legislative history indicate that Congress intended the FMLA to allow a right to a jury trial.In the Act’s remedies provision, Congress distinguished between damages and equitable relief. Such a distinction indicated that plaintiffs could pursue their claim for damages in front of a jury. Furthermore, in the Act’s legislative history, it is clear that Congress intended the FMLA’s remedial provisions to mirror those set forth in the FLSA. Courts have uniformly interpreted the FLSA to provide for a right to a jury trial. To parallel the FLSA, the FMLA would also have to provide that same right.
FMLA may protect misconduct linked to medical condition
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