Taylor v. Progress Energy (4th Cir. July 3, 2007)
Articles Discussing Case:
More Uncertainty Over Releases.
Vedder Price • August 31, 2007
In past issues (January 2006, September 2006), we
have reported on litigation by individuals successfully
claming that releases they have signed are not legally enforceable. Typically, these claims are made after
the individual has received severance pay and benefi ts
from the employer in exchange for what the employer
believes is a fi nal and nonadversarial separation. Two
recent court decisions may give employers more cause
for concern.
Fourth Circuit Says FMLA Waivers Must be Approved by Court or DOL.
Ford & Harrison LLP • July 11, 2007
After vacating its prior decision in the case, the Fourth Circuit has again held that a Department of Labor (DOL) regulation interpreting the Family and Medical Leave Act (FMLA) prohibits employees from waiving FMLA rights, even in a post-dispute settlement, unless a court or the DOL approves the waiver.
