Union Apprenticeship Program Is FMLA Employer

Frees v UA Local 32 Plumbers & Steamfitters, ___F.Supp.2d___(D. WA November 21, 2008). is an important FMLA decision to be aware of. The court held held that an apprenticeship program was, in fact, the joint employer of a plumbing apprentice under the Family and Medical Leave Act and the Washington Family Leave Act (WFLA). The apprentice, who missed a few days of school and work to attend to his wife's medical issues, was subsequently dismissed from the program for poor attendance.

The apprenticeship program moved for summary judgment, arguing that it was an educational institution, not an "employer." In denying summary judgment, the court reasoned that it would be against the "totality of circumstances" to determine that all education institutions would be shielded from liability under the FMLA. The court also considered that the program in question controlled the length and location of apprentices' assignments as well their wage levels and benefits, the apprentice averaged 38.5 hours of work per week, but only had go to class 4.2 hours per week. Heavily weighting work verses class time distinguished the apprenticeship program from traditional educational institutions. The court concluded that the program was similar to a staffing or placement agency and an employer under the meaning of the statute.

Mitchell H. Rubinstein