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Report Link Fourth Circuit Reaffirms Prohibition on Private Releases of FMLA Claims (pdf).Nexsen Pruet - August 13, 2007 On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL). Report Link The Fourth Circuit Court of Appeals Slams the Door on FMLA Settlements With Employees That Do Not Have Agency or Court Approval.Helms Mulliss & Wicker - July 16, 2007 Two years ago, we published a WorkCite on a federal decision by the Fourth Circuit Court of Appeals (the federal appellate court covering North Carolina, South Carolina, Virginia, West Virginia and Maryland) which ruled that settlements with employees are not enforceable to bar claims under the Family and Medical Leave Act (FMLA) without Department of Labor (DOL) or court approval. 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 Private Releases of FMLA Claims Rejected (pdf).Nexsen Pruet - September 12, 2005 Employers routinely ask employees to sign general releases of potential claims in
exchange for severance packages or to resolve employment-related disputes. However,
a recent decision from the U.S. Court of Appeals for the Fourth Circuit, which has
jurisdiction over North and South Carolina, calls into question the validity of the portions
of releases involving claims under the Family and Medical Leave Act (FMLA). In Taylor
v. Progress Energy, Inc. (July 20, 2005), the Fourth Circuit refused to enforce the waiver
of an FMLA claim because the waiver was not approved by either the U.S. Department
of Labor (DOL) or a court. Report Link Fourth Circuit Holds That A General Release Is No Bar To FMLA Claims.Helms Mulliss & Wicker - August 18, 2005 In a recent federal decision, the Fourth Circuit Court of Appeals (the federal appellate court covering North Carolina, South Carolina, Virginia, West Virginia and Maryland) ruled that waivers and releases are not enforceable to bar claims by employees under the Family and Medical Leave Act (FMLA) absent Department of Labor (DOL) or court approval. 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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May 14, 2008 Littler |
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