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Article by Pokorny Published by Law360

Meet The New Boss — Same As The Old Boss?
October 22, 2010
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Bill Pokorny authored the article, "Meet The New Boss — Same As The Old Boss?" published by Law360 on October 22, 2010.  The article looks at a situtation where the employer, a retailer, declares bankruptcy and its leases are sold off to another retail chain.  The question arises as to whether the new retailer's employees, who formerly worked with the bankrupt retailer, are considered "new hires" under the Family and Medical Leave Act, or if the employees have the right to take FMLA leave immediately, without waiting 12 months or working 1,250 hours for the new company.