Case: Wage & Hour/FMLA Retaliation (W.D. Tex.)

A Texas federal district court determined ForTec Medical Inc. isn’t entitled to summary judgment on a surgical laser technician’s Family and Medical Leave Act interference and retaliation claims alleging she was terminated after taking leave to care for her mother. As a remote employee based in Texas, a genuine issue of material fact regarding the technician’s FMLA eligibility exists where her reporting structure with the company’s headquarters in Ohio and her work with her direct supervisor in Texas is unclear in establishing her actual worksite, the court found. Additionally, the court said that ForTec didn’t establish a good faith defense ...