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Report Link Fourth Circuit Holds Settlement of FMLA Claims Requires Court Approval.Jackson Lewis LLP - July 16, 2007 Just when it appeared that compliance with the Family and Medical Leave Act couldn't become more complex and burdensome, it has . . . at least in the Fourth Circuit. Reinstating a decision it rendered in 2005, but vacated in 2006, the federal Court of Appeals in Richmond has interpreted a Labor Department regulation that "employees cannot waive, nor may employers induce employees to waive, their rights under [the] FMLA" (29 CFR § 825.220(d)) to prohibit employees from waiving their right to sue for past violations of the FMLA without the prior approval of a court or the Department of Labor. The Court rejected an interpretation urged by the Secretary of Labor that the regulation bars only prospective waivers of statutory rights and not the retrospective waiver of claims that occurs when parties settle existing disputes. Report Link 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. Report Link Court Prohibits Waiver of FMLA Claims Without Prior Approval (pdf).Vedder Price - January 06, 2006 The U.S. Court of Appeals for the Fourth Circuit has
ruled that unapproved waivers of claims under the Family
and Medical Leave Act are unenforceable. In Taylor v.
Progress Energy, Inc., 415 F.3d 364 (4th Cir. 2005),
plaintiff Taylor requested and was improperly denied
FMLA leave for the treatment of severe leg pain and an
abdominal mass. After learning of a planned layoff, she
asked the company to record her absences as FMLAprotected.
The company denied her request and terminated
her based on the poor productivity ratings she had
received due to her frequent absences. Report Link Can an Employer Secure the Release of an FMLA Claim in the 4th Circuit? (pdf).Buchanan Ingersoll & Rooney PC - November 02, 2005 It is common practice for an
employer to secure the release of an
employee's FMLA claim as part of a
general release of claims which is
often found in the typical severance
agreement. Report Link Leave It Out? Family and Medical Leave Act Claims May No Longer Be Waived by a General Release.Littler Mendelson, P.C. - August 01, 2005 Based on the recent decision in Taylor v. Progress Energy, No. 04-1525 (4th Cir. July 20, 2005), the common employer practice of including Family and Medical Leave Act (FMLA) claims in general releases is in jeopardy. Although it is unclear whether other U.S. Courts of Appeals or the U.S. Supreme Court will follow Taylor, employers in the Fourth Circuit must now seek prior approval by the U.S. Department of Labor (DOL) or a court for a release of FMLA claims to be valid. Report Link Federal Appeals Court Rejects Waiver of FMLA Claims Not Approved by DOL or Court.Jackson Lewis LLP - July 28, 2005 In a potentially far-reaching decision on the validity of waiver and release clauses in private agreements, including individual or group separation agreements, a federal appeals court has ruled that unapproved waivers of claims under the federal Family and Medical Leave Act are unenforceable.
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ArticlesFound: 6 ArticlesNO SUBTOPICSEmployment Law Seminars
2010 Ushers In Many Important Changes to Workplace Laws
Columbia
November 20, 2009 Fisher & PhillipsANNUAL EMPLOYMENT LAW UPDATESacramento
December 1, 2009 Shaw ValenzaMonthly Webinar: Preventing Workplace Harassment (California and National)Webinar
December 1, 2009 LittlerCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplySan Francisco
December 1, 2009 Fisher & PhillipsThe Constangy Management Training Center "Employment Law 201"Tampa
December 2, 2009 ConstangyCalifornia Legally Required Sexual Harassment Training: It's Never Too Late to ComplyOntario
December 2, 2009 Fisher & PhillipsAudio Conference: Employee Caregivers Dealing With DementiaAudio Conference
December 2, 2009 Young ConawayClients, Adversaries and Witnesses: The Ethics of Communication in a Fast-Paced Legal World Web CastWebinar
December 4, 2009 Ford & HarrisonTaking Executive Compensation Hostage; What To DoWebinar
December 8, 2009 Baker HostetlerPREVENTING HARASSMENT AND OTHER EEO ISSUES AT WORK: IT’S ALL ABOUT RESPECT (AB 1825 COMPLIANCE)Sacramento
December 9, 2009 Shaw Valenza |
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