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Date: 11-29-2023

Case Style:

Joshua B. Kritz v. FuboTV, Inc.

Case Number: 1:22-cv-10360

Judge: Vernon S. Broderick

Court: United States District Court for the Southern District of New York (Manhattan County)

Plaintiff's Attorney:

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Defendant's Attorney: David Brian Lichtenberg

Description: New York City, New York employment law lawyer represented the Plaintiff who sued the Defendant on a Family and Medical Leave Act violation theory.

FuboTV sells access to life sports and TV without cable.

The Family and Medical Leave Act (FMLA) is a United States federal law that requires employers to provide eligible employees with up to 12 weeks of unpaid, job-protected leave per year for certain family and medical reasons. The FMLA also requires that employers maintain group health benefits during the leave.

The FMLA was signed into law by President Bill Clinton on February 5, 1993. It took effect on August 5, 1993.


To be eligible for FMLA leave, an employee must:

Have worked for the employer for at least 12 months and have at least 1,250 hours of service during the previous 12 months.
Work at a location of the employer that has at least 50 employees within a 75-mile radius.

Reasons for Leave

Employees can take FMLA leave for the following reasons:

To care for the birth, adoption, or foster care placement of a child.
To care for a seriously ill family member, such as a spouse, child, parent, or sibling.
To recover from a serious health condition of their own.
To care for a covered servicemember with a serious injury or illness if the eligible employee is the servicemember's spouse, son, daughter, parent, or next of kin (military caregiver leave).

Leave Provisions

Employees can take FMLA leave in increments of one hour or more, or as intermittent leave, which allows employees to take leave periodically over a period of time.

Employees must provide their employer with 30 days' notice of their intention to take FMLA leave, or as soon as practicable if the need for leave is unforeseeable.

Employers must provide eligible employees with job-protected leave, meaning that their job must be held open for them and they must be restored to the same or an equivalent position upon their return.

Employers are not required to pay employees during FMLA leave, but they must continue to maintain group health benefits during the leave.


The FMLA is enforced by the U.S. Department of Labor's Wage and Hour Division. Employees who believe that their rights under the FMLA have been violated can file a complaint with the Wage and Hour Division.

The Wage and Hour Division can investigate complaints and, if it finds that an employer has violated the FMLA, can order the employer to reinstate the employee, pay back pay and damages, and take other corrective action.

Outcome: 11/29/2023 27 JOINT LETTER addressed to Judge Vernon S. Broderick from David B. Lichtenberg, Esq. (Jointly with Plaintiff Counsel Tanvir H. Rahman, Esq.) dated November 29, 2023 re: Notifying Court of Amicable Agreement Reached in this Matter. Document filed by Pamela Duckworth(in her individual capacity), Pamela Duckworth(in her professional capacity), FuboTV, Inc...(Lichtenberg, David) (Entered: 11/29/2023)
11/29/2023 28 ORDER: Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued without costs to any party and without prejudice to restoring the action to this Court's docket if the application to restore the action is made within thirty (30) days. (Signed by Judge Vernon S. Broderick on 11/29/2023) (rro) (Entered: 11/29/2023)

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