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News Notes: Court Explains Who’s A Joint Employee Under the FMLA

 

When Air France denied family leave for employee Stephane Moreau, who worked at the San Francisco International Airport, the airline argued it wasn’t covered by state and federal family leave laws because it had fewer than 50 employees within a 75-mile radius of Moreau’s workplace. Moreau countered that Air France was covered because it was a “joint employer” with various ground-handling companies it contracted with at the airport—so their employees counted as Air France’s employees. But the Ninth Circuit Court of Appeals said Air France wasn’t a joint employer because the airline had no authority to control the contract workers. The court noted the contractors hired, fired, and set work schedules for their own employees, and provided much of their own equipment.

 

 

 

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