Age Discrimination in Employment Act (ADEA): Federal law that protects workers 40 and older from employment discrimination and must be specifically referenced in separation agreements
Older Workers Benefit Protection Act (OWBPA): Federal law that amends ADEA and sets specific requirements for valid waivers of age discrimination claims in separation agreements
Title VII of the Civil Rights Act: Federal law prohibiting employment discrimination based on race, color, religion, sex, and national origin; must be considered in release provisions
Americans with Disabilities Act (ADA): Federal law protecting rights of employees with disabilities; must be addressed in release provisions
Fair Labor Standards Act (FLSA): Federal law governing wages, overtime, and other employment standards that must be considered in separation payments
Employee Retirement Income Security Act (ERISA): Federal law governing employee benefits that must be addressed regarding continuation or termination of benefits
National Labor Relations Act (NLRA): Federal law protecting employees' rights to organize and engage in collective bargaining; affects what can be included in confidentiality provisions
State Labor Laws: Specific state regulations governing employment relationships and separation requirements that vary by jurisdiction
State Release Requirements: State-specific rules for valid releases of claims that must be incorporated into the agreement
State Non-Compete Laws: State-specific regulations governing the enforceability of non-compete provisions in separation agreements
State Wage and Hour Laws: State-specific requirements for final pay, severance, and other compensation-related matters
Consideration Requirements: Legal requirement that employee must receive something of value beyond what they're already entitled to for the agreement to be valid
Review and Revocation Periods: Mandatory timeframes for employee review of agreement and right to revoke acceptance (particularly important for age-related claims)
Valid Waiver Requirements: Legal standards for ensuring waivers are knowing and voluntary, including clear language and recommendation for legal counsel
Tax Implications: IRS regulations and tax considerations regarding the treatment of severance payments and other benefits
