ADEA: Age Discrimination in Employment Act - Protects workers 40 and older from age discrimination and sets specific requirements for waivers of age discrimination claims
OWBPA: Older Workers Benefit Protection Act - Establishes specific requirements for valid waivers of age discrimination claims, including 21-day consideration period and 7-day revocation period
Title VII: Title VII of the Civil Rights Act - Prohibits discrimination based on race, color, religion, sex, and national origin; must be considered in release of claims
ADA: Americans with Disabilities Act - Protects rights of employees with disabilities; must be addressed in release of claims
FLSA: Fair Labor Standards Act - Governs wage and hour laws; ensures all earned wages and overtime are properly addressed in severance
COBRA: Consolidated Omnibus Budget Reconciliation Act - Requires offering continued health insurance coverage to terminated employees
ERISA: Employee Retirement Income Security Act - Governs employee benefits plans and must be considered when addressing retirement benefits in severance
State Labor Laws: Varies by state - Governs final wage payment timing, vacation payout, and state-specific release requirements
IRC 409A: Internal Revenue Code Section 409A - Regulates deferred compensation and timing of severance payments to avoid tax penalties
WARN Act: Worker Adjustment and Retraining Notification Act - Requires advance notice for mass layoffs; may affect severance terms if part of larger reduction
NLRA: National Labor Relations Act - Must be considered if employees are unionized or if severance terms could affect protected concerted activity
DTSA: Defend Trade Secrets Act - Federal law protecting trade secrets; relevant for confidentiality provisions in severance agreements
