Court Says Employees Can't Waive FMLA Rights

Law360, New York (July 5, 2007, 12:00 AM EDT) -- The U.S. Court of Appeals for the Fourth Circuit ruled on Tuesday that employees may not waive their rights under the Family Medical Leave Act, overturning a district court's ruling in a case brought by a former employee against her employer, Progress Energy Inc.

The Fourth Circuit heard the case once before and had the same conclusion, but accepted a petition from the defendants to hear it en banc.

“After reconsideration we remain convinced that the plain language of [federal labor regulations] precludes both the prospective...
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