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MOREAU v. AIR FRANCE

No. 02-15872.

343 F.3d 1179 (2003)

Stephane MOREAU, Plaintiff-Appellant, v. AIR FRANCE; Joseph P. Bouloux; Howard Weisser, Defendants-Appellees, v. UNITED STATES of America, Intervenor-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 15, 2003.

Attorney(s) appearing for the Case

Patricia A. Shiu, The Legal Aid Society — Employment Law Center, San Francisco, California, for the plaintiff-appellant.

M. Elaine Jacoby, Duane Morris, Princeton, New Jersey, for the defendants-appellees.

Irene Solet, Appellate Staff, Civil Division, Department of Justice, Washington, D.C., for the intervenor-appellee.

Rae T. Vann, McGuiness Norris & Williams, Washington, D.C., for Amicus Curiae Equal Employment Advisory Council.

Elizabeth A. Glidden, Hedin & Goldberg, Minneapolis, Minnesota, for Amicus Curiae National Employment Lawyers Association.

Lloyd Loomis, Sonnenschein Nath & Rosenthal, Los Angeles, California, for Amicus Curiae International Air Transport Association.

Before: James C. HILL, Thomas G. NELSON, and Michael Daly HAWKINS, Circuit Judges.

Argued and Submitted June 9, 2003 — San Francisco, California.

OPINION

MICHAEL DALY HAWKINS, Circuit Judge.

In this necessarily fact-specific appeal, we must decide whether and in what circumstances contracted service workers should be considered in determining whether an employer is exempt from the requirements of the Family Medical Leave Act ("FMLA") and its California counterpart, the California Family Rights Act ("CFRA"). Air France flies...

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