Age Discrimination in Employment Act (ADEA): Federal law requiring specific considerations for employees over 40, including mandatory language and specified time periods for review and revocation of separation agreements
Older Workers Benefit Protection Act (OWBPA): Federal law that establishes specific requirements for valid waivers of age discrimination claims in separation agreements
Title VII of the Civil Rights Act: Federal law governing discrimination waivers in separation agreements, covering race, color, religion, sex, and national origin discrimination
Americans with Disabilities Act (ADA): Federal law that must be considered when addressing disability-related claims in separation agreements
Fair Labor Standards Act (FLSA): Federal law governing wage and hour claims that must be addressed in separation agreements
Employee Retirement Income Security Act (ERISA): Federal law governing benefits-related provisions that must be properly addressed in separation agreements
National Labor Relations Act (NLRA): Federal law protecting workers' rights to engage in protected concerted activity, which must be considered in separation agreement terms
State Employment Laws: Various state-specific employment laws that may affect the terms and enforceability of separation agreements in different jurisdictions
State Release Requirements: State-specific requirements for valid release of claims in separation agreements
State Non-Compete Laws: State-specific regulations governing the enforceability and terms of non-compete provisions in separation agreements
State Final Wage Payment Laws: State-specific requirements regarding timing and method of final wage payments in employment separation
State Vacation/PTO Payout Laws: State-specific requirements regarding the payment of accrued vacation or PTO upon employment separation
Internal Revenue Code Section 409A: Federal tax law governing deferred compensation arrangements that must be considered in separation agreement payment structures
Securities Laws: Federal and state laws governing the treatment of stock options and other securities in separation agreements
Defend Trade Secrets Act: Federal law that must be considered when drafting confidentiality and trade secret provisions in separation agreements
