Statutory interpretation - Family and Medical Leave Act of 1993 - First Circuit holds that the FMLA includes a private right of action for prospective and former employees

Article Abstract:

The US Court of Appeals for the 1st Circuit ruled, in Duckworth v. Pratt & Whitney, Inc., that a private cause of action under the Family and Medical Leave Act of 1993 extends to prospective and former employees. Citing ambiguous statutory language, the Court yielded to the Department of Labor's interpretation. The Court thus failed to apply the Supreme Court's rules for statutory interpretation and gave too much legislative power to an executive agency.

Interpretation and construction, Worker absenteeism, Absenteeism (Labor), Judicial power, Legislative histories, Right of action

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Immigration law - asylum - Ninth Circuit holds that persecuted homosexual Mexican man with a female sexual identity qualifies for asylum under particular social group standards

Article Abstract:

The author outlines a federal appeals court decision accepting the claim of a Mexican homosexual illegal alien that he would be persecuted if returned to his country. Topics include the court's finding that the man's female sexual identity was an immutable characteristic.

Gays, Asylum, Right of, Right of asylum, Emigration and immigration law, Immigration law, Transvestites

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Labor law - NLRB holds that graduate assistants enrolled at private universities are 'employees' under the National Labor Relations Act

Article Abstract:

The implications of an NLRB decision addressing the employment status of private university graduate students who are also graduate teaching assistants are discussed. Topics include the limitations on the collective bargaining status of dual status students.

Universities and colleges, Labor relations, Graduate students, Collective bargaining, Graduate teaching assistants

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