Is an employer who terminates an employee because it honestly, but mistakenly, believed that the employee's leave was not protected by the FMLA still liable for actual damages and interest as the Ninth Circuit has held, or is the so-called "honest belief rule" a complete defense to liability as the Third, Seventh and Tenth Circuits have held?

Whether an employer's honest but mistaken belief about an employee's FMLA-protected leave precludes liability under the Family and Medical Leave Act