Supreme Court Declines Review Of Retrospective Waiver Of FMLA Rights
The United States Supreme Court has denied certiorari in a case in which the Fourth Circuit held that a Department of Labor (DOL) regulation, 29 C.F.R. § 825.220(d), which provided that employees cannot waive, and employers cannot induce employees to waive, their rights under the Family and Medical Leave Act (FMLA), applied to a retrospective waiver of claims. This was so notwithstanding a contrary interpretation of the regulation advanced by the DOL. Thus, without prior approval by a court or the DOL, the regulation barred both the prospective and retrospective waiver or release of rights under the FMLA, including the right to bring an action or a claim for an FMLA violation.
Progress Energy, Inc.
v. Taylor