ADEA and OWBPA Compliance: Age Discrimination in Employment Act and Older Workers Benefit Protection Act requirements for valid waivers, including specific timing and disclosure requirements for employees over 40
Title VII Considerations: Ensuring the agreement complies with Title VII of the Civil Rights Act, particularly regarding discrimination claims and proper release language
ADA Compliance: Americans with Disabilities Act considerations in severance terms and release provisions
FLSA Requirements: Fair Labor Standards Act compliance regarding wage and hour claims, ensuring proper payment of all earned wages and overtime
NLRA Protections: National Labor Relations Act considerations, particularly regarding protected concerted activity and employee rights to discuss working conditions
State-Specific Employment Laws: Compliance with relevant state employment laws, which may impose additional requirements or restrictions on severance agreements
Non-Disparagement Restrictions: State and federal limitations on non-disparagement clauses, including recent developments like the Speak Out Act
Government Agency Rights: Preservation of employee's right to file charges with government agencies (EEOC, DOL, etc.) despite the agreement
Whistleblower Protections: SEC and other federal whistleblower protections that cannot be waived in severance agreements
Consideration Requirements: Legal requirements for valid consideration beyond what the employee is already entitled to receive
Review Period Requirements: Mandatory review periods and revocation rights, particularly for age-based releases under OWBPA
State Transparency Laws: Compliance with state-specific transparency requirements in severance agreements and non-disparagement provisions
