Case: Wage & Hour/FMLA Retaliation (S.D.N.Y.)

A New York federal district court denied in part the City of New York’s motion to dismiss, allowing a Black female assistant commissioner of adult services’ retaliation claim under the Family and Medical Leave Act to proceed, finding she plausibly alleged that her demotion by the New York City Department of Probation occurred on the same day she submitted her revised FMLA application, which was sufficient to create an inference of retaliatory intent at the pleading stage.

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