ADEA and OWBA Compliance: Age Discrimination in Employment Act and Older Workers Benefit Protection Act requirements, including mandatory waiting periods and specific language for employees over 40
FLSA Considerations: Fair Labor Standards Act requirements regarding wage and hour calculations, overtime pay, and final compensation
ERISA Compliance: Employee Retirement Income Security Act considerations for handling retirement benefits and continuation of benefits
WARN Act Requirements: Worker Adjustment and Retraining Notification Act compliance for mass layoffs or plant closings if applicable
Title VII and ADA Compliance: Civil Rights Act and Americans with Disabilities Act considerations to ensure non-discriminatory separation practices
IRC Section 409A: Internal Revenue Code requirements regarding deferred compensation and timing of separation payments
Tax Withholding Requirements: Federal and state tax withholding obligations, including FICA and Medicare withholding requirements
State-Specific Compliance: State-level requirements for wage payment, final paycheck timing, release language, and non-compete provisions
Release of Claims: Comprehensive release language covering all potential claims, with specific requirements for different types of claims
COBRA Rights: Healthcare continuation coverage rights and notification requirements under COBRA
Confidentiality Provisions: Requirements for maintaining confidentiality of company information and trade secrets post-separation
Non-Disparagement Clauses: Provisions preventing both parties from making negative statements about each other
Company Property Return: Requirements and procedures for returning company property, including intellectual property and physical assets
Unemployment Compensation: Considerations regarding unemployment benefits eligibility and company's position on unemployment claims
