Judge orders staffing company to pay $10K in back wages, damages to worker fired for seeking time off under Family and Medical Leave Act

Type of Action: Family Medical Leave Act Consent Judgment

Names of Defendants: Management Registry, Inc. doing business as Malone Staffing

Resolution: A U. S. District Court judge has ordered Malone Staffing to pay $10,000 in lost wages and liquidated damages after an investigation by the U.S. Department of Labor's Wage and Hour Division revealed that the company terminated the employment of an assembly line worker in violation of the Family Medical Leave Act. The employee requested leave for his own serious illness, but was not allowed the 15 days required by the FMLA to provide the employer a completed medical certification. The worker was employed by the Greensburg, Indiana office.

Additionally, the Department of Labor alleged in its complaint that Malone Staffing failed to have an established FMLA policy, failed to display the required FMLA poster, and failed to provide any of the required notices to the affected worker.

As a result of the investigation and judgment, workers at the company's 1025 E. Barachel Ln., Greensburg, Indiana location will now receive employee handbooks that include FMLA general notices, notices of written rights and responsibilities and at least 15 days to return a complete medical certification requested in relation to an employee's request for FMLA leave.

Malone Staffing provides temporary employees for many industries including healthcare, professional, information technology and general labor.

Quote: "This litigation demonstrates the department's commitment to ensuring that employees are not retaliated against nor prevented from exercising their rights under the FMLA," said Patricia Lewis, district director for the Wage and Hour Division in Indianapolis. "Workers should not have to choose between their jobs and their health. The Family and Medical Leave Act allows for critically needed workplace flexibility precisely when employees need it the most."

Information: Since 1993, the FMLA has been a key component in the department's effort to promote work-family balance, providing workplace protections for employees with a serious health condition, or for those who are caring for a covered family member with a serious health condition. The FMLA helps to ease the burden that can come with needing time away from work when faced with such an illness.

For more information about the FMLA and other federal wage laws, call the Wage and Hour Division's toll-free helpline at 866-4US-WAGE (487-9243). Information also is available at www.dol.gov/whd/fmla.

Court: U.S. District Court for the Southern District of Indiana

Docket Number: 1:14-cv-02086-SEB-DKL

Perez v. Management Registry, Inc. d/b/a Malone Staffing