Tuesday, April 6, 2010

FMLA: 9th Circuit Holds Judges to Decide the Amount of Front Pay

In Traxler v. Multnomah County, 2010 U.S. App. LEXIS 4050 (9th Cir. Feb. 26, 2010), the 9th Circuit held that, under the FMLA, front pay is an equitable remedy that must be determined by the court, and not by the jury, as to both the availability of the remedy and the amount of any award. Hunton & Williams Labor Law Legislative Updates, Ninth Circuit: Judges Must Decide Front Pay in FMLA Cases, Posted on Mar. 31, 2010, available here.

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