Second Circuit -- Millea v. Metro-North R.R. Co.

Millea v. Metro-North R.R. Co.

Policy requiring specific notification for leave-taking by employee conflicts with FMLA implication that indirect notice is kosher.  No error in jury so finding.


No error in jury instruction holding that the leave policy may not be more stringent than FMLA (counsel's argument had been that the timing may not be more stringent, but other aspects might be.)


Reversal for jury instruction which required a "materially adverse employment action" - given Burlington Northern's wide scope of potential adversity in Title VII actions applies to FMLA claims.


Letter of reprimand in the file is sufficient harm under this standard.


Attorneys' fees should be calculated by lodestar, not as percent of recovery.