Age Discrimination in Employment Act (ADEA): Federal law that must be considered when drafting releases, particularly for employees over 40. Requires specific provisions including 21-day review period and 7-day revocation period.
Older Workers Benefit Protection Act (OWBPA): Amendment to ADEA that sets specific requirements for waivers of age discrimination claims, including knowing and voluntary standard.
Title VII of the Civil Rights Act: Federal law governing discrimination claims based on race, color, religion, sex, and national origin that may be subject to the release.
Americans with Disabilities Act (ADA): Federal law protecting rights of individuals with disabilities, which must be considered when drafting release language.
Fair Labor Standards Act (FLSA): Federal wage and hour law - courts generally scrutinize releases of FLSA claims carefully and may require Department of Labor or court approval.
Family and Medical Leave Act (FMLA): Federal law protecting employee leave rights that may be subject to release provisions.
State Labor Laws: Varying state-specific requirements for employment-related releases and waivers that must be incorporated into the agreement.
State Discrimination Laws: State-specific protections against discrimination that may provide additional or different requirements for valid releases.
Contract Law Principles: Fundamental requirements including consideration, capacity to contract, voluntary agreement, and clear/unambiguous terms.
Knowing and Voluntary Standard: Legal doctrine requiring that waivers must be knowing and voluntary to be enforceable, with specific factors courts consider.
Review Period Requirements: Mandatory timeframes for reviewing the agreement, including 21 days for individual agreements under ADEA and 45 days for group terminations.
Revocation Rights: Required 7-day revocation period for ADEA claims and any state-specific revocation requirements.
Legal Counsel Recommendation: Best practice to include language recommending that the releasing party consult with legal counsel before signing.
