ADEA Compliance: Age Discrimination in Employment Act requirements, including mandatory waiting periods (21-day consideration period and 7-day revocation period) for valid release of age discrimination claims
OWBPA Requirements: Older Workers Benefit Protection Act specifications for valid waivers of age discrimination claims, particularly for group terminations
Title VII Considerations: Title VII of the Civil Rights Act provisions ensuring the agreement doesn't discriminate based on protected characteristics and properly addresses release of discrimination claims
ADA Compliance: Americans with Disabilities Act considerations for ensuring the agreement doesn't discriminate against disabled employees and properly addresses disability-related claims
FLSA Requirements: Fair Labor Standards Act compliance regarding wage and hour laws, particularly in calculation of bonus and severance amounts
ERISA Considerations: Employee Retirement Income Security Act implications, especially regarding treatment of benefits and retirement plans in severance arrangements
IRC 409A Compliance: Internal Revenue Code Section 409A requirements regarding deferred compensation and timing of severance payments
State Law Compliance: Relevant state-specific requirements for wage and hour laws, severance, non-compete restrictions, and release of claims
Tax Implications: Federal and state tax withholding requirements for both retention bonus and severance payments
Documentation Standards: Requirements for written agreement including clear payment terms, performance requirements, triggering events, and release provisions
