Case: Wage & Hour/Statutes of Limitations (S.D. Ala.)

An employee for Mobile County, Alabama whose lawsuit was filed within three years of her discharge may proceed with her claim that her termination violated her rights under the Family and Medical leave Act, because she sufficiently alleged “willfulness” for FMLA’s extended three-year statute of limitations to apply, a federal court in Alabama ruled. Her claim isn’t time-barred because her allegations that the county “knew or showed reckless disregard for the matter of whether its conduct was prohibited by the FMLA” and that the county committed the unlawful conduct “with malice or reckless indifference to her federally protected rights,” are ...