Hettler v. Entergy Enterprises, Inc.
15 F. Supp. 3d 447
S.D.N.Y.2014Background
- Hettler was employed as a security lieutenant and alarm station operator at Indian Point since 2004.
- He took intermittent FMLA leave in 2009 to care for a wife with a high-risk pregnancy, and again in 2012–2013 for separate health issues.
- Plaintiffs retaliation theory cites denials of promotion, smaller pay increases, and other adverse actions following leave and/or whistleblowing to supervisors and the NRC.
- Plaintiff alleges interference with FMLA rights through denial of certain FMLA leave requests.
- Plaintiff was subjected to hearings, harassment, suspensions, and a revocation of Unescorted Access Authorization, allegedly affecting future nuclear industry employment for five years.
- Plaintiff resigned on July 26, 2013, and filed this action in August 2013, asserting six counts including FMLA interference, FMLA retaliation, aiding and abetting, one discriminatory promotion denial, and NY Labor Law § 740 whistleblower claim.
- The court has subject matter jurisdiction under 28 U.S.C. §§ 1331 and 1367 and denied the motion to dismiss the complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether FMLA claims are waived by Section 740 | Hettler argues waiver does not bar federal FMLA claims. | Defendants contend Section 740(7) waives concurrent rights. | FMLA claims are not barred by Section 740 waiver. |
| Whether Section 740 precludes federal FMLA claims where arising from same conduct | FMLA claims arise from leave actions, not whistleblowing. | Section 740 waiver could sweep in related claims. | Section 740 does not automatically waive federal FMLA claims; FM���A claims survive. |
| Whether Section 740 claim allows supplemental jurisdiction over related claims | Court should retain jurisdiction over Section 740 claim. | No jurisdictional basis beyond FMLA claim. | Court retains supplemental jurisdiction over Section 740 claim. |
Key Cases Cited
- Collette v. St. Luke’s Roosevelt Hosp., 132 F.Supp.2d 256 (S.D.N.Y. 2001) (waiver of federal rights not necessarily implied by § 740(7) when claims arise from different legal interests)
- Reddington v. Staten Island Univ. Hosp., 511 F.3d 126 (2d Cir. 2007) (§ 740(7) waiver not limited to whistleblower claims; federal claims may survive)
- Higgins v. NYP Holdings, Inc., 836 F. Supp. 2d 182 (S.D.N.Y. 2011) (to state prima facie FMLA interference, plaintiff must show denial of FMLA benefits)