Questions Presented
Whether the court of appeals erred in holding, in conflict with the Fifth Circuit and the formal position of the U.S. Department of Labor, that a Department of Labor regulation, 29 C.F.R. 825.220(d), unambiguously and validly precludes the private settlement or release of claims under the Family and Medical Leave Act of 1993, 29 U.S.C. 2601 et seq.
Case Updates
Cert. petition denied
June 16, 2008
U.S. Chamber urges Supreme Court to review enforceability of releases of FMLA claims
November 21, 2007
NCLC urged the Supreme Court to review a Fourth Circuit decision 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 that 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.