Legal Opinion

Rucker v. Lee Holding Co.

Court of Appeals for the First Circuit

Decided December 18, 2006No. 06-1633PublishedCited by 34 opinions

1Opinion of the Court

LYNCH, Circuit Judge.

Eligibility for leave under the Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601 et seq., depends in part on an employee having been employed by the relevant employer “for at least 12 months.” 29 U.S.C. § 2611 (2)(A)(i). This case of first impression among the courts of appeals raises the issue of whether and under what circumstances an employee who has had a break in service may count previous periods of employment with the same employer toward satisfying this 12-month requirement.

Kenneth Rucker worked as a car salesman for Lee Auto Malls (Lee) in Maine for five…

2Cases cited16 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. United States v. Mead Corp.Supreme Court of the United States · 2001
  3. Exxon Mobil Corp. v. Allapattah Services, Inc.Supreme Court of the United States · 2005
  4. Russello v. United StatesSupreme Court of the United States · 1983
  5. Auer v. RobbinsSupreme Court of the United States · 1997

11 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. Day v. Staples, Inc.Court of Appeals for the First Circuit · 2009
  2. Gustavsen v. Alcon Laboratories, Inc.Court of Appeals for the First Circuit · 2018
  3. SBT HOLDINGS, LLC v. Town of WestminsterCourt of Appeals for the First Circuit · 2008
  4. Chmielinski v. MassachusettsCourt of Appeals for the First Circuit · 2008
  5. Kansky v. Coca-Cola Bottling Co. of New EnglandCourt of Appeals for the First Circuit · 2007

29 more not listed; retrieve them via the Exa API.

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