FMLA: State workers can sue for FMLA violations, too. — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

FMLA: State workers can sue for FMLA violations, too.

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In a shift from its recent trend of holding states immune from federal law, the Supreme Court affirmed the right of state employees to file lawsuits relating to the Family and Medical Leave Act (FMLA). The case involved a Nevada state worker who sought FMLA leave to care for his ill wife. When the state agency denied it, he sued. Nevada officials had claimed that the 11th Amendment gave states "sovereign immunity" that shields them from FMLA violations. But that argument failed because, the court said, public employees should enjoy the same FMLA rights as private-sector workers. (Nevada Department of Human Resources v. Hibbs, No. 01-1368)

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