The issues was whether Cuff was covered by FMLA, which requires at least 50 employees within 75 miles of the employee's station. Trans States had 33 employees within that radius and GoJet had 343 employees. Cuff argued that he was a joint employee. The District Court granted summary judgment in Cuff's favor, finding that he was a joint employee, and the Seventh Circuit affirmed. Cuff v. Trans States Holdings, Inc., No. 13-1241 (September 19, 2014).
Under Department of Labor regulations, Cuff could properly look to second entity to establish joint employer relationship, since Trans States and GoJet operated a joint airline business that involved sharing Cuff's services as “regional manager” and identifying Cuff as the contact person for both entities.
The Seventh Circuit also noted that the record further supported jury’s verdict in favor of Cuff on merits of case, and held that Trans States waived any reduction of jury’s damages award based on after-acquired evidence doctrine, where Trans States failed to make any offer of proof of plaintiff’s alleged misconduct in workplace.