The Potential Elimination Of Private FMLA Settlements

Law360, New York (January 25, 2008, 12:00 AM EST) -- In Taylor v. Progress Energy, Inc., the Fourth Circuit Court of Appeals recently held that 29 C.F.R. 825.220(d) prohibits employees from waiving any right or claim they have, or may have, under the Family and Medical Leave Act (FMLA) (Taylor v. Progress Energy, Inc., 493 F.3d 454 [4th Cir. 2007] [Taylor II]).

The U.S. Supreme Court is currently considering whether to review this decision and has solicited the opinion of the U.S. Solicitor General regarding the matter.

The plaintiff in Taylor was terminated as part of...
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