9th Circuit: Judge, Not Jury, Must Determine Front Pay in FMLA Cases

June 1, 2010 – In The News
Inside Counsel

In a recent case before the 9th Circuit Court involving the Family and Medical Leave Act, the court ruled that the award of front pay to any employee rests solely with the court, not the jury.

The decision also marks the first time that the 9th Circuit has decided whether courts, rather than juries, determine front pay under the FMLA, notes Catherine Barbieri.

"As the court points out, it accords with the decisions in the 4th, 5th and 10th Circuits—only the 6th Circuit so far has differed," notes Barbieri. "It’s also consistent generally with what is done under other anti-discrimination statutes."

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