Section 24 Key Employee

• Library: Employment Discrimination 2008

A covered employer may deny restoration to a key employee, defined as a salaried employee who is among the highest paid 10% of the workforce within 75 miles of the worksite, if restoration would cause substantial and grievous economic injury to the employer. 29 U.S.C. § 2614(b); 29 C.F.R. § 825.217. To cause “substantial and grievous injury,” the return of the key employee must threaten the viability of the firm or cause substantial long-term economic injury. 29 C.F.R. § 825.218(c).

The employer must...