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Monday, December 27, 2004

Definition of "Wilful" Under the Family and Medical Leave Act of 1993. The Second Circuit, in accordance with a decision of the First Circuit, has held that the definition of "wilful" under the Fair Labor Standards Act should be used under the Family and Medical Leave Act of 1993 as well. The Supreme Court has held that an employer acts willfully under the Fair Labor Standards Act when he or she "knew or showed reckless disregard for the matter of whether it sondcut was prohibited by the [FLSA]." "If an employer acts reasonably in determining its legal obligation, its action cannot be deemed willful . . . . If an employer acts unreasonably, but not recklessly, in determinining its legal obligation, then . . . it should not be . . . considered [willful.]"
Under the context of the Family and Medical Leave Act, this issue is pertinent to the extent of a statute of limitation. The case in Carlton v. New York University School of Law can be found here.

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