§Why CasetextPricing

Teresa Aguirre v. State of California et al

MOTION for Partial Summary Judgment

12 Cited authorities

  1. Bachelder v. America West Airlines

    259 F.3d 1112 (9th Cir. 2001)   Cited 593 times
    Holding that § 825.220(c)"is a reasonable interpretation of the statute's prohibition on ‘interference with’ and ‘restraint of’ employee's rights under the FMLA" and that "[t]he Labor Department's conclusion that employer use of ‘the taking of FMLA leave as a negative factor in employment actions' ... violates ... the Act is ... a reasonable one"

  2. Escriba v. Foster Poultry Farms, Inc.

    743 F.3d 1236 (9th Cir. 2014)   Cited 291 times   13 Legal Analyses
    Holding an employee may affirmatively decline to use FMLA leave, even if the employee's reason for seeking leave would invoke FMLA protection

  3. Xin Liu v. Amway Corp.

    347 F.3d 1125 (9th Cir. 2003)   Cited 382 times   1 Legal Analyses
    Holding employee adequately notified her employer when she said that she needed to take several months of maternity leave

  4. Freemon v. Foley

    911 F. Supp. 326 (N.D. Ill. 1995)   Cited 62 times
    Holding that where a defendant "possesses control over the aspect of employment alleged to have been violated, the FLSA will apply to that individual . . . ."

  5. Bryant v. Delbar Prods., Inc.

    18 F. Supp. 2d 799 (M.D. Tenn. 1998)   Cited 44 times
    Holding that the FMLA provides a right to a jury trial to determine back pay and liquidated damages

  6. Mercer v. Borden

    11 F. Supp. 2d 1190 (C.D. Cal. 1998)   Cited 22 times
    Holding that "individuals are potentially subject to liability under the FMLA

  7. Section 2601 - Findings and purposes

    29 U.S.C. § 2601   Cited 7,665 times   39 Legal Analyses
    Finding that there is inadequate job security for employees who have serious health conditions that prevent them from working for temporary periods

  8. Section 2615 - Prohibited acts

    29 U.S.C. § 2615   Cited 5,109 times   23 Legal Analyses
    Granting prescriptive rights

  9. Section 2612 - Leave requirement

    29 U.S.C. § 2612   Cited 4,959 times   39 Legal Analyses
    Granting qualifying employees twelve weeks of FMLA leave in a 12-month period

  10. Section 2611 - Definitions

    29 U.S.C. § 2611   Cited 2,898 times   48 Legal Analyses
    Defining a "serious health condition"-a prerequisite for FMLA eligibility, see 29 U.S.C. § 2612(D)-as one requiring either inpatient hospital care or "continuing treatment by a health care provider"

  11. Section 825.202 - Intermittent leave or reduced leave schedule

    29 C.F.R. § 825.202   Cited 103 times   6 Legal Analyses

    (a)Definition. FMLA leave may be taken intermittently or on a reduced leave schedule under certain circumstances. Intermittent leave is FMLA leave taken in separate blocks of time due to a single qualifying reason. A reduced leave schedule is a leave schedule that reduces an employee's usual number of working hours per workweek, or hours per workday. A reduced leave schedule is a change in the employee's schedule for a period of time, normally from full-time to part-time. (b)Medical necessity. For

  12. Section 825.112 - Qualifying reasons for leave, general rule

    29 C.F.R. § 825.112   Cited 86 times   17 Legal Analyses
    Providing that serious health conditions are a qualifying reason for FMLA leave