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Case: Wage & Hour/FMLA Interference (S.D. Tex.)

June 8, 2021, 5:35 PM

The Texas Health and Human Services Commission is entitled to dismissal of a claim that it interfered with the Family and Medical Leave Act rights of a former employee on the grounds of sovereign immunity, a federal district court in Texas ruled. The employee brought her claim under the FMLA’s self-care provision, the court said, and the U.S. Supreme Court held that Congress exceeded its constitutional powers in trying to make States amenable to suit with respect to that provision. The court also rejected the employee’s argument that Texas waived its immunity to the FMLA suit by accepting federal funding. ...

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