Severance agreements: It's all in the family

In this multipart series, we've been examining the do's and don'ts of various aspects of severance agreements. Last month, we discussed how to draft an effective agreement that includes an enforceable release of age claims under the Age Discrimination in Employment Act. This month, we take a look at the Family and Medical Leave Act (FMLA) and a recent case from the Fourth U.S. Circuit Court of Appeals (which covers Virginia) that has interpreted the Act to mean that an employee cannot waive his right to assert an FMLA claim. We also look at proposed amendments to the FMLA regulations that should, in effect, reverse the Fourth Circuit and allow waivers of those claims. Read More...