ADEA Compliance: Age Discrimination in Employment Act requirements for valid waivers and protection of employees aged 40 and above
OWBPA Requirements: Older Workers Benefit Protection Act mandates specific requirements including 21/45 day review periods and 7-day revocation period
NLRA Considerations: National Labor Relations Act protections for employees' rights to discuss working conditions and engage in protected concerted activity
EEOC Regulations: Equal Employment Opportunity Commission guidelines regarding discrimination and employee rights in severance agreements
Title VII Compliance: Title VII of the Civil Rights Act provisions protecting against discrimination and ensuring valid waivers of discrimination claims
ADA Compliance: Americans with Disabilities Act requirements for valid waivers and protection against disability discrimination
Speak Out Act 2022: Federal law limiting the enforcement of non-disclosure agreements in cases of sexual harassment or sexual assault
State Law Compliance: Specific state requirements for non-disparagement clauses, severance agreements, and employment termination
Consideration Requirements: Legal requirements for adequate consideration beyond what employee is already entitled to receive
Clear Language Requirement: Agreement must be written in clear, specific, and unambiguous language that is easily understood by the employee
Government Investigation Exception: Required exceptions allowing employee participation in government investigations and whistleblower activities
Tax Compliance: Internal Revenue Code Section 409A requirements and tax reporting obligations for severance payments
