The Employer’s or the Employee’s Right to Choose? The Practical Effects of Escriba v. Foster Poultry Farms, Inc. on Employer Family and Medical Leave Policies in the Ninth Circuit

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Thompson.pdf (181.19 KB)

Date

2016-01-27

Authors

Thompson, Trisha

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Volume Title

Publisher

University of Oregon School of Law

Abstract

This Note explores the FMLA, Department of Labor regulations and guidance, and judicial precedent that provide the backbone of the Ninth Circuit’s decision. Part I of this Note describes FMLA, including the legislative intent, responsibilities of both employers and employees under FMLA, and the statute’s coexistence with DOL regulations, state laws, and employer policies. Part I then outlines the claims available to employees under FMLA and the judicial precedent supporting the Ninth Circuit’s assertion that FMLA protection may be affirmatively declined.

Description

40 pages

Keywords

Family and Medical Leave Act

Citation

94 OR. L. REV. 255

URI

https://hdl.handle.net/1794/19580

Collections

Oregon Law Review : Vol. 94, No. 1 (2015)