CSX obtains dismissal of FMLA putative class action lawsuit

Client(s) CSX Corporation

Jones Day helped client CSX Transportation, Inc. ["CSX"] obtain dismissal of a putative class action lawsuit alleging that CSX violated the FMLA by not crediting employees reinstated through arbitration with hours worked for purposes of determining FMLA eligibility. This case presented an issue of first impression in the Second Circuit. In granting CSX’s motion to dismiss, the court held that the hours an employee would have worked but for a wrongful termination need not be counted towards FMLA eligibility upon reinstatement, and that CSX was not equitably estopped from denying the plaintiff’s FMLA eligibility.

Varecka v. CSX Transportation, Inc., 21-cv-876 (W.D.N.Y.)