United States First Circuit

Dismissal of plaintiff's suit challenging his dismissal under the Family and Medical Leave Act is reversed where regulations promulgated by the U.S. Department of Labor (DOL), as interpreted by the DOL, establish that previous periods of employment with an employer count towards satisfaction of the Act's 12-month employment requirement.

Appellate Information

• Decided 12/18/2006
• Published 12/18/2006

Judges

• LYNCH, Circuit Judge., Before LYNCH, Circuit Judge, SILER, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Allan K. Townsend, with whom Law Offices of Peter Thompson was on brief, for appellant., Barbara Eby Racine, Attorney, United States Department of Labor, Howard M. Radzely, Solicitor of Labor, Steven J. Mandel, Associate Solicitor, and Paul L. Frieden, Counsel for Appellate Litigation, on brief for the Secretary of Labor, amicus curiae., Jeffrey Neil Young and McTeague, Higbee, Case, Cohen, Whitney & Toker, P.A. on brief for Maine AFL-CIO and Maine Employment Lawyers Association, amici curiae., Ann Elizabeth Reesman, McGuiness Norris & Williams, LLP, Robin S. Conrad, Shane Brennan, and National Chamber Litigation Center, Inc. on brief for Equal Employment Advisory Council and Chamber of Commerce of the United States of America, amici curiae.


• For Appellees:
  
• Elizabeth J. Ernst, with whom James E. Fortin and Douglas Denham Buccina & Ernst were on brief, for appellee.