Full title: Timothy O’BRYAN, Plaintiff, v. JOE TAYLOR RESTORATION, INC., a Florida corporation, et al., Defendants.
Court: United States District Court, Southern District of Florida
Date published: Dec 22, 2021
Facts
The plaintiff filed a complaint on June 3, 2020, alleging one count of FFCRA interference and one count of FFCRA retaliation, which sought damages for the defendant’s alleged failure to abide by the FMLA as it relates to sick leave for employees missing work for reasons related to COVID-19. [DE 1]. On July 20, 2020, the defendants filed an answer. [DE 6].
Issues
Court Judgment
The undersigned concludes that the plaintiff did not act in bad faith in this lawsuit and did not pursue a frivolous claim. In light of the foregoing and the findings above, the undersigned recommends that the defendant’s motion for attorney’s fees and non-taxable costs [DE 92] be denied.
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