CT FMLA & The 75 Employee Rule

Connecticut's FMLA applies to employers who have 75 or more employees.  Question? - 75 or more employees where?  In Velez v. Mayfield, et al., the court ruled that the 75 or more employees need not be located in the State of Connecticut.  Instead, the employer's total workforce including out-of-state-employees are to be counted when determing whether the employer meets the 75 employee threshold.  The Velez decision is up on appeal.  While predictions are always difficult, based upon the plain language of Connecticut's FMLA statute and the legislative history, the trial court's decision standads a good chance of being upheld.