by Michael Fox
The first words of the opinion are clearly on the mark. This is necessarily a fact specific appeal. And after that fact specific review, the Court agreed with the district court's ultimate conclusion that Air France was not a joint employer of ground service employees that it utilized from Dynair, the food preparation company that supplied its meals, or a cargo handling company which handled and warehoused cargo that it transported. The detailed review provides a good summary of the joint employer law under the FMLA as it will be applied in the 9th Circuit. Moreau v. Air France (9th Cir. 9/15/03) [pdf]. According to the Court's research, this is the first circuit court to address the issue of 'joint employer' under the FMLA.