ADEA (Age Discrimination in Employment Act): Federal law requiring specific provisions for employees over 40, including 21-day consideration period and 7-day revocation period. Requires clear language about rights being waived.
OWBPA (Older Workers Benefit Protection Act): Federal law providing additional protections for older workers and establishing requirements for valid waivers in separation agreements.
Title VII of the Civil Rights Act: Federal law governing discrimination claims considerations and requirements for valid release of claims in separation agreements.
FLSA (Fair Labor Standards Act): Federal wage and hour law - certain rights cannot be waived in separation agreements. Must ensure compliance with wage payment requirements.
EEOC Requirements: Regulatory requirements preserving employee's right to file EEOC charges and prohibition on interference with EEOC investigations.
State-Specific Employment Laws: Various state laws affecting separation agreements, including specific release language requirements and unemployment compensation considerations.
Non-Compete Regulations: State-specific restrictions on non-compete clauses, including requirements for reasonable scope, duration, and geographic limitations.
Trade Secrets Protection: Federal Defend Trade Secrets Act and state trade secret laws governing confidentiality provisions and trade secret protection in separation agreements.
Tax Regulations: IRS regulations regarding the treatment of severance pay and different types of compensation in separation agreements, including tax reporting requirements.
