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Progress Energy Decision By 4th Circuit Getting Hard Look By Supreme Court

Published by on January 14, 2008

According to SCOTUS blog, the U.S. Supreme Court has asked for the government’s view on the waiver of FMLA claims in the case decided by the Fourth Circuit, Progress Energy v. Taylor. SCOTUS notes:  “Among Monday’s orders, the Court asked the U.S. Solicitor General for the government’s view on whether workers may settle with their employers their […]

According to SCOTUS blog, the U.S. Supreme Court has asked for the government’s view on the waiver of FMLA claims in the case decided by the Fourth Circuit, Progress Energy v. Taylor.

SCOTUS notes:  “Among Monday’s orders, the Court asked the U.S. Solicitor General for the government’s view on whether workers may settle with their employers their claims under the Family and Medical Leave Act.  The issue arises in Progress Energy v. Taylor (07-539).  The Fourth Circuit Court, ruling in conflict with the Fifth Circuit Court, decided that a Labor Departmen regulation barred both past and future waiver of all FMLA rights.  The Labor Department has taken the position that its regulation permits backward-looking release of claims under that law.”

A decision by the Supreme Court would be a welcome clarification of this issue.  Settling FMLA claims in the 4th Circuit is presently complicated by the Progress Energy decision, which requires either court or DOL approval of an FMLA settlement in order for the waiver to be valid.

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