Tuesday, September 05, 2006

employment - FMLA - waiver of rights

Dougherty v. TEVA Pharmaceuticals USA - ED Pa. - August 29, 2006

http://www.paed.uscourts.gov/documents/opinions/06D1100P.pdf

The court held that a purported waiver of Plaintiff's FMLA rights was invalid under a DOL regulation, 29 CFR 825.220(d) and the 4th Cir. decision in Taylor v. Progress Energy, 415 F.3d 364 (2005) and similar cases.

The court rejected a contrary decision in Faris v. Williams WPC, 332 F.3d 316 (5th Cir. 2003), that the anti-waiver provision applied only to current employees and only prohibited prospective waivers of rights.

In this case, plaintiff's employment had been terminated at the time she signed the disputed release/waiver.

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