United States Tenth Circuit

In a suit under the Family Medical Leave Act, the Department of Labor regulation defining the "worksite" of jointly-employed employees, 29 C.F.R. section 825.111(a)(3), is not a valid exercise of agency authority as applied in this case to a jointly employed employee with a fixed worksite.

Appellate Information

• Decided 12/14/2004
• Published 12/14/2004

Judges

• EBEL, Circuit Judge., Before EBEL, KELLY, and McCONNELL, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Roger Wilkinson, Attorney, United States Department of Labor, Washington, DC (Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, and Anne P. Fugett, Senior Attorney, United States Department of Labor, Washington, DC, with him on the brief), for Amicus Curiae.


• For Appellees:
  
• Jeffrey L. Braff, Cozen O'Connor, Philadelphia, PA, for Defendant-Appellant., Clifford L. Beem, Clifford Beem & Associates, P.C., Denver, CO (A. Mark Isley, Clifford Beem & Associates, P.C., Denver, CO, with him on the brief), for Plaintiff-Appellee.