(9th Cir.1999) (explaining that a plaintiff must establish that he or she is an employee to be entitled to protection under Title VII); Barnhart v. N.Y. Life Ins. Co., 141 F.3d 1310, 1312 (9th Cir.1998) (same under the Age Discrimination Employment Act); 29 U.S.C. §§ 2611(2), 2614 (indicating that the FMLA covers “eligible employees”). The district court improperly concluded that Csanyi failed to prove that Supercuts violated the FMLA. The district court clearly erred by finding that Csanyi failed to prove that her health insurance was terminated while she was on FMLA leave because the parties stipulated in the Final Pretrial Order that Csanyi’s health insurance benefits were terminated while on approved FMLA leave. See Patterson v. Hughes Aircraft Co., 11 F.3d 948, 950 (9th Cir.1993) (<HOLDING>). Although the parties stipulated that Csanyi’s
recognizing that administrative agencies are not bound by rules of evidence holding that claims or issues omitted from the pretrial order are waived even if they appeared in the complaint holding that parties are bound by admissions in pleadings holding that parties are generally bound by the stipulations they agree to holding that parties are bound by the stipulated facts in a pretrial order