United States Tenth Circuit

Summary judgment in favor of defendants, employer and supervisor, on plaintiff's claim for damages pursuant to the Family and Medical Leave Act (FMLA) is affirmed over claims that: 1) Congress intended that linear miles be used when determining whether two worksites are "within 75 miles" of each other for purposes of the FMLA's 50-employee count; 2) the Department of Labor's use of a surface mile test is arbitrary and capricious; 3) 75.6 miles should be considered to be "within 75 miles"; 4) even assuming a worksite was not "within 75 miles" of plaintiff's, the distance over 75 miles was so small that plaintiff should nonetheless be held an "eligible employee"; and 5) it was an abuse of discretion to refuse to grant plaintiff additional time to conduct discovery.

Appellate Information

• Decided 11/14/2006
• Published 11/15/2006

Judges

Court

• United States Tenth Circuit

Counsel