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Who dropped the (Butter)ball? Case puts employers on notice regarding leave vendors

July 2026 employment law letter
Authors: 

Kayla E. Snider, Skoler, Abbott & Presser, P.C. 

Many employers outsource various aspects of their HR functions, including the administration of their leave policies and leave tracking. If you outsource your leave administration to a third-party vendor, did you know you could still be on the hook for compliance missteps? While leave vendors can streamline processes and improve consistency, they don’t replace an employer’s ultimate legal responsibility for compliance. From Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) requirements to state and local leave laws, employers remain accountable for ensuring policies are applied correctly, deadlines are met, and employee rights are protected. Missteps—even those by the third-party vendor—can expose employers to liability.  

The Equal Employment Opportunity Commission’s (EEOC) recent lawsuit against Butterball, LLC, serves as a reminder to employers that failure to properly manage employee leave and accommodation requests can result in significant legal exposure. In today’s complex and evolving leave landscape, partnering with a third-party vendor isn’t a “set it and forget it” solution—it’s just one part of a broader compliance strategy that still requires active employer involvement.

What happened with Butterball? 

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