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Tenth Circuit throws out FMLA regulation defining 'work site'.

Publication: Trial
Publication Date: 01-APR-05 		Format: Online
Delivery: Immediate Online Access
Full Article Title: Tenth Circuit throws out FMLA regulation defining 'work site'.(Family and Medical Leave Act)

Article Excerpt
Employers must look to the place where a worker does most of his or her work when determining eligibility for leave under the Family and Medical Leave Act (FMLA), even if the worker is jointly employed, the Tenth Circuit has ruled.

In a case of first impression nationwide, the decision invalidated a U.S. Department of Labor regulation defining a jointly employed person's work site as the "primary employer's office from which the employee is assigned or reports," regardless of whether he or she is assigned to a fixed location or moves around. (Harbert v. Healthcare Serv. Group, Inc., 391 F.3d 1140 (10th Cir. 2004) (quoting 29 C.F.R. [section]825.111 (a) (3)).)

The plaintiff's attorney, Clifford Beem of Denver,...

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