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Callari v. Rehau Incorporated

14 F. Supp.2d 620 (D. N.J. 1998)

EMPLOYER-EMPLOYEE; FAMILY LEAVE ACT—The regulations under the Family Leave Act that make it applicable to New Jersey employers with a total of 50 or more employees, whether all in New Jersey or not, are validly promulgated under the Act.

An employer was sued under the New Jersey Family Leave Act. The Act applies to a business that employs fifty or more people. Regulations promulgated under the Act require that in counting fifty, employees outside New Jersey are to be included. The employer claimed that the Act could not be applied to it since it employed fewer than twelve people in New Jersey, even though it employed approximately 164 employees in six states. The employer argued that the regulation that required counting employees working in other states was contrary to the Act, which had a stated purpose of providing benefits to workers while accommodating the interests of small businesses. Applying New Jersey precedent, the Federal District Court denied the employer’s motion to dismiss, holding that the regulation was reasonable in breadth as written and declining to infer that the Act itself precluded the expensive definition of “employer” within the regulations promulgated under it.


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