Stephane Moreau v. Air France Joseph P. Bouloux Howard Weisser v. United States of America, Intervenor-Appellee

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 an abbreviated schedule (one flight per day) in and out of the San Francisco International Airport (“SFO”), and contracts with outside entities for ramp and towing service, cargo and baggage handling, and food preparation. If Air France is considered the “joint employer” of the workers performing these services, it is subject to FMLA-CFRA requirements. From an adverse summary judgment concluding Air France was not a joint employer of these workers, Stephane Moreau (“Moreau”) appeals.

Air France employed Moreau as its Assistant Station Manager at SFO. In March of 1998, Moreau requested a twelve-week leave of absence to assist his ill father in France, asserting entitlement under the FMLA and CFRA. The request was addressed to Moreau’s immediate supervisor, defendant Joseph Bouloux; a copy was forwarded to defendant Howard Weisser, Air…