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 - Amendment to ADEA that 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 ensure severance agreement doesn't waive these rights improperly
ADA: Americans with Disabilities Act - Protects rights of employees with disabilities; severance agreement must not discriminate or improperly waive these rights
FLSA: Fair Labor Standards Act - Governs wage and hour requirements; severance payments must consider any outstanding wage issues and overtime calculations
ERISA: Employee Retirement Income Security Act - Regulates employee benefits plans; must consider impact on retirement benefits and continuation of benefits in severance agreement
WARN Act: Worker Adjustment and Retraining Notification Act - Requires advance notice of mass layoffs; severance agreements must comply with WARN Act requirements if applicable
IRC 409A: Internal Revenue Code Section 409A - Regulates deferred compensation arrangements; severance payments must be structured to comply with or be exempt from 409A
IRC 280G: Internal Revenue Code Section 280G - Governs golden parachute payments for executives of public companies; may affect tax treatment of severance payments
State Laws: Various state-specific requirements regarding wage payments, releases, non-compete agreements, and timing of final payments that must be incorporated into severance agreement
EEOC Guidelines: Equal Employment Opportunity Commission guidelines for preventing discrimination and ensuring valid waivers of discrimination claims
NLRA: National Labor Relations Act - Protects employees' rights to discuss working conditions; severance agreement must not restrict protected concerted activity
Trade Secrets Law: Federal and state laws protecting confidential business information; severance agreement should include appropriate confidentiality and non-disclosure provisions
SEC Requirements: Securities and Exchange Commission regulations that may apply to severance agreements for public company executives, including disclosure requirements
