United States Seventh Circuit

In a suit alleging violation of the Family and Medical Leave Act (FMLA), summary judgment for defendant is affirmed where: 1) defendant's amended pleading reversing its initial concession that plaintiff had worked enough hours to be eligible for FMLA leave did not in itself create a triable factual dispute; 2) plaintiff had failed to formally contest a prior suspension that, upon a successful challenge, would have resulted in plaintiff having enough hours worked to be FMLA-eligible, and the issue was therefore no longer in dispute for summary-judgment purposes; and 3) plaintiff's daily time spent donning and doffing her uniform shirt, gloves, and work shoes was properly excluded from being counted toward her hours-worked total.

Appellate Information

• Argued 10/23/2007
• Decided 09/04/2008
• Published 09/04/2008

Judges

• SYKES, Circuit Judge., Before BAUER, CUDAHY, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• C. Steven Tomashefsky, Edward P. McKenna (argued), Jenner & Block, Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• Ernest Y. Ling (argued), Office of the United States Attorney, Chicago, IL, for Defendant-Appellee.