Recent Federal Court Decision Affirms Use of Joint Employer Doctrine to Hold Staffing Agency and Automotive Design Company Jointly Liable for Violations of the FMLA

On March 26, 2008, the United States Court of Appeals for the Sixth Circuit concluded that a staffing agency and an automotive design company could be combined for purposes of finding that the 50 employee requirement of the FMLA had been met.  The court applied the joint employer doctrine to hold that an automotive design company, which had no employees, and a staffing agency from which the automotive design company obtained its employees, had joint liability for violations of the FMLA.

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