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An employee ineligible for FMLA leave, by definition can’t get FMLA leave, right? I mean the employee has to meet specific criteria; the reason for the leave must meet certain criteria. Heck, if the employer has less than 50 employees in a 75-mile radius, it’s not even subject to FMLA! So, what gives?
Although New Prime classified Oliveira as an “independent contractor,” he contends: (a) that he was in fact an employee and was misclassified; and (b) that the language of the statue regarding “contracts of employment,” extend to independent contractors.
When I speak with employers about the onerous obligations under ERISA and the court decisions that followed, I frequently tell them that the “E” in ERISA stands for “employee,” not an employer.
Public comments on the proposed regulations closed in August 2018, and in September 2018, the state’s Independent Regulatory Review Commission published critical comments and questions regarding the proposed regulations.