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Fourth Circuit Taylor Ruling Sets Troubling Precedent

Law360 (July 26, 2007, 12:00 AM EDT) -- This month, in Taylor v. Progress Energy, Inc., —F.3d—, No. 14-1525 (4th Cir. July 3, 2007), the Fourth Circuit Court of Appeals reinstated its 2005 ruling that an employee cannot waive his or her rights under the Family and Medical Leave Act, including the right to sue under the FMLA, unless the employer and employee obtain Department of Labor or court approval.

The Fourth Circuit also reinstated its prior ruling that the prohibition on unapproved FMLA waivers extends to both prospective and retrospective waivers.

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