"The Potential Elimination Of Private FMLA Settlements," Law360.com
This article, written by Adam Wit of Littler's Chicago office, explains that the decision by the Fourth Circuit Court of Appeals to prohibit employees from retrospectively waiving their rights under the Family Medical Leave Act ("FMLA"), is incorrect. Wit explains that the court did not thoroughly examine the full statement regarding this matter within federal regulation 29 C.F.R. 825.220(d), which prohibits prospective waiving of FMLA rights, but does not prohibit retrospective waiving. Wit reflects on the ramifications of such a decision by the court on future cases.