Siciliano v. Cambridge Home Health Care Inc.

65 F. App'x 542
CourtCourt of Appeals for the Sixth Circuit
DecidedMay 29, 2003
DocketNo. 01-4138
StatusPublished

This text of 65 F. App'x 542 (Siciliano v. Cambridge Home Health Care Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siciliano v. Cambridge Home Health Care Inc., 65 F. App'x 542 (6th Cir. 2003).

Opinion

MERRITT, Circuit Judge.

In this action, the district court ruled on summary judgment that the defendant employer cannot be held hable for an alleged violation of the Family Medical Leave Act of 1993, 29 U.S.C. §§ 2601-2654, because the employer was not the “successor in interest” of the plaintiffs former employer [543]*543and therefore the plaintiff had not worked for the new employer long enough to claim coverage under that Act. As a result, the plaintiffs time working for the former employer could not be counted toward the twelve months required to be considered an “employee” covered by the Act. We AFFIRM.

The Family Medical Leave Act entitles eligible employees to take up to twelve weeks of unpaid leave in any twelve-month period for qualifying medical or family reasons. 29 U.S.C. § 2612(a)(1). The Act further ensures that the employee will be restored to the same or an equivalent position upon returning to work. Id. § 2614(a)(1). An “eligible employee” is one “who has been employed for at least 12 months by the employer with respect to whom leave is requested ...; and for at least 1,250 hours of service with such employer during the previous 12-month period.” Id. § 2611(2)(A). “Employer” is defined to include “any successor in interest of an employer.” Id. § 2611(4)(A)(ii)(H). Although “successor in interest” is not defined in the statute, the Secretary of Labor has provided eight non-exhaustive factors for evaluating whether an employer qualifies as a successor in interest for purposes of the Act:

(1) Substantial continuity of the same business operations;
(2) Use of the same plant;
(3) Continuity of the work force;
(4) Similarity of jobs and working conditions;
(5) Similarity of supervisory personnel;
(6) Similarity in machinery, equipment, and production methods;
(7) Similarity of products or services; and
(8) The ability of the predecessor to provide relief.

See 29 C.F.R. § 825.107(a). The regulation further provides that “[a] determination of whether or not a ‘successor in interest’ exists is not determined by the application of any single criterion, but rather the entire circumstances are to be viewed in their totality.” Id. § 825.107(b).

Because the plaintiff bears the ultimate burden at trial of proving the essential factual element that she is a covered “employee” under the Act, our de novo review of the district court’s grant of summary judgment requires us to determine whether she has made a showing sufficient to establish that her new employer is the successor in interest of her former employer. See Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986); Morales v. American Honda Motor Co., Inc., 71 F.3d 531, 535 (6th Cir. 1995); Fed.R.Civ.P. 56. In doing so, we construe the evidence, and all inferences to be drawn from it, in the light most favorable to the plaintiff. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986).

Briefly, the undisputed historical facts presented in this case are as follows. Up until December 1999, Tri-County Private Horn's operated as a multi-branch home health care provider in Ohio. Kristine Siciliano, a licensed registered nurse, was employed as branch manager of its Austin-town, Ohio, branch. On December 3, 1999, Tri-County sold its patient lists and records to Cambridge Home Health Care, Inc./Private, also an established business providing home health care from several branch offices. Tri-County and Cambridge agreed that Tri-County employees could apply for employment with Cambridge Home Health Care, but Cambridge had no obligation to hire Tri-County’s employees. Except for the Austintown office, Cambridge either opened new offices or [544]*544absorbed Tri-County’s patients at its existing offices. Siciliano applied for a job •with Cambridge and was hired to do essentially the same job she had performed for Tri-County. Although her position was initially described as “Scheduler,” Siciliano’s position was ultimately designated as “Assistant Branch Manager and Nursing Supervisor,” and her salary was set at an amount $5,000 less than her salary with Tri-County. Siciliano continued to work in the field as well, seeing patients and providing home health care. Although Siciliano was hired by Cambridge, “not all” of Tri-County employees were hired. Siciliano was a manager who avers that she had first-hand and insider information regarding day-to-day operations of the Austintown branch and other branches, yet the record does not indicate the number of Tri-County employees hired at the Austin-town branch, nor is there any evidence regarding the structure, jobs, and working conditions at the Austintown office before and after the transfer of patient files. The record is also silent regarding the total number of Tri-County employees hired by Cambridge, or whether those who were hired remained in similar positions.

In its motion for summary judgment, Cambridge asserted, inter alia, that the undisputed evidence and any reasonable inferences drawn from it in Siciliano’s favor are insufficient to support a finding that Cambridge is the successor in interest to Tri-County for purposes of calculating the requisite twelve-month employment period for eligibility under the Family Medical Leave Act. According to Cambridge, Siciliano had only worked for Cambridge for three months when she took her leave and thus was not an “employee” covered under the Act. The district court agreed and granted Cambridge’s motion. On appeal, the plaintiff argues that the district court misapplied the factors set out in § 825.107(a) to the evidence presented in this case.

Throughout the proceedings in this case, there has been little effort on Siciliano’s part to directly point out the evidence that she contends establishes, either on its own or with attendant reasonable inferences in her favor, that Cambridge Home Health Care is Tri-County’s successor. In this case, discovery was completed and there was nothing left to do but test the undisputed material evidence as a matter of law. Siciliano sought summary judgment herself, but did not offer evidence of successorship. She merely disagreed with Cambridge’s argument that the combination of events — e.g., the sale of only patient records and customer lists, the decrease in her salary, the limited hiring policy, and the immediate closing of all Tri-County offices except the Austintown branch — did not give rise to successorship.

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Bluebook (online)
65 F. App'x 542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siciliano-v-cambridge-home-health-care-inc-ca6-2003.