United States Tenth Circuit

The willfulness standard set forth in Laughlin v. Richland Shoe Co., 486 U.S. 128 (1988), wherein a plaintiff must show that "the employer either knew or showed reckless disregard for the matter of whether its conduct was prohibited by the statute", applies to the Family Medical Leave Act (FMLA). In an action alleging that USPS "willfully" violated the FMLA by refusing to accept plaintiff's medical certification and, on that basis, denying his request for FMLA leave, summary judgment for employer is affirmed where plaintiff's claim was barred by the FMLA's two-year limitations period, as opposed to the three-year period applicable to "willful" violations.

Appellate Information

• Decided 04/15/2008
• Published 04/16/2008

Judges

• BALDOCK, Circuit Judge., Before MURPHY, SEYMOUR, and BALDOCK, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Roland V. Funk, Tulsa, OK, for Plaintiff-Appellant.


• For Appellees:
  
• Cathryn D. McClanahan, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with her on the brief), Tulsa, OK, for Defendants-Appellees.