Employers Can't Dodge Excess Damages Under FMLA: 8th Circ.

Law360, New York (July 31, 2012, 10:19 PM EDT) -- An employer can be required to pay double damages as a penalty for violation of the Family Medical Leave Act even if the alleged violation occurred thanks to the malfeasance of an employee, the Eighth Circuit ruled on Tuesday.

A three-judge panel upheld a Missouri trial court's award of liquidated damages equal to a standard penalty of approximately $200,000 assessed against Saint-Gobain Containers Inc. in a FMLA unlawful termination suit brought by factory worker Kathleen Marez, saying that the “cat's paw” theory of employer liability should...
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