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Circuit Split Develops on FMLA Waivers
Almost any employer providing exit pay beyond that to which an employee is otherwise entitled expects a release of rights in return. Most waiver agreements cover claims that could be raised under Title VII, the ADA, the ADEA, the FMLA, as well as state anti-discrimination laws.
It just got harder to get a valid release of FMLA claims in the Fourth Circuit. In Taylor v. Progress Energy, Inc., 2005 U.S. App. LEXIS 14650 (4th Cir. 2005), the court held that any FMLA waiver, like waivers under the FLSA, have to be supervised and approved by the U.S. Department of Labor. In so doing, the court upheld the validity of Section 825.220(d) of the DOL's regulations regarding waivers.
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New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
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The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.