Family Medical Leave Act (FMLA)

Enforceability of Releases of FMLA Claims
Progress Energy, Inc. v. Taylor
No. 07-539
Supreme Court of the United States

NCLC urged the Supreme Court to review a Fourth Circuit decision holding that releases waiving claims under the Family and Medical Leave Act (FMLA) are unenforceable unless the release is approved by the Department of Labor or a federal court.  In its brief, NCLC argued if left in place, the Fourth Circuit decision will wreak havoc on the ability of employers to amicably resolve workplace disputes without resort to costly litigation, and the Department of Labor does not have the ability to supervise thousands of releases signed every year.    

Amicus brief filed 11/21/07. 

 

 

 

Enforceability of Releases of FMLA Claims
Taylor v. Progress Energy, Inc.
No. 04-1525
U.S. Court of Appeals for the Fourth Circuit

The Fourth Circuit refused to reconsider its decision that unapproved waivers of claims under the Family and Medical Leave Act (FMLA) are unenforceable. In its brief supporting rehearing en banc, NCLC argued that the panel decision will wreak havoc on the ability of employers to amicably resolve workplace disputes without resort to costly litigation, and that the Department of Labor does not have the ability to supervise thousands of releases signed every year.

Amicus brief filed 8/2/05. Judgment vacated and Rehearing granted 6/14/06.  Supplemental amicus brief filed 8/17/06.  Oral argument held 10/25/06.  Decision 7/3/07.  Amicus brief supporting rehearing en banc filed 7/16/07.  Rehearing en banc denied 8/24/07.