By Curtis Fox, Steven Luckner, Evan J. Shenkman
August 21, 2015
In Barnes v. Vibra Healthcare, LLC, No. 14-CV-5678 (D.N.J. May 26, 2015), the U.S. District Court for the District of New Jersey denied the employer’s motion to dismiss the plaintiff’s claim brought under the Family and Medical Leave Act (FMLA) on the threshold issue of whether the plaintiff was an “eligible employee.” The employer submitted the plaintiff’s time records in support of its argument that the plaintiff did not meet the requirement that she worked 1,250 hours in the 12-month period preceding the medical leave. The plaintiff disputed the accuracy of the defendant’s time clock, and after the defendant conceded that the clock did not always function properly, the court refused to credit the employer’s time records and held that the plaintiff was entitled to discovery on her FMLA claim. One more reason for employers to confirm their time clocks are working accurately and their timekeeping policies are followed!