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Monday, August 06, 2007

Ind. Decisions - 7th Circuit decides one Indiana case today

In Hendricks v. Compass Group, USA (Judge Sharp), a 7-page opinion, Judge Manion writes:

Susan Hendricks filed a complaint against her former employer, Compass Group, USA, Inc. (“Compass Group”), seeking wages to which she claimed entitlement under the Family Medical Leave Act and a collective bargaining agreement. The district court granted Compass Group summary judgment. Hendricks appeals, and we affirm. * * *

Hendricks filed suit seeking recovery of the $3.23 per hour pay differential between her wages as a utility driver and her wages while on light duty. She asserted that while on light duty she was entitled to receive the pay rate she had received as a utility driver under both the FMLA and the collective bargaining agreement (“CBA”). The district court granted Compass Group’s motion for summary judgment, concluding that FMLA leave is unpaid leave and that the CBA did not entitle Hendricks to payment of the wage rate differential. Hendricks appeals. * * *

The FMLA does not provide for paid leave nor does it dictate the wage rate for an employee to receive while on light duty under a workers’ compensation plan. Light duty also is not covered by Compass Group’s CBA. Accordingly, we AFFIRM the district court’s grant of summary judgment to Compass Group.

Posted by Marcia Oddi on August 6, 2007 01:44 PM
Posted to Ind. (7th Cir.) Decisions