OSHA Compliance: Must ensure waiver does not conflict with Occupational Safety and Health Act requirements for workplace safety and employer obligations
FLSA Considerations: Fair Labor Standards Act implications must be considered, especially regarding workplace rights that cannot be waived
ADA Compliance: Americans with Disabilities Act requirements must be met, ensuring the waiver doesn't discriminate against protected individuals
Workers' Compensation Laws: Federal and state workers' compensation rights generally cannot be waived and must be preserved in the document
State Labor Laws: Specific state labor laws must be incorporated, as requirements vary by jurisdiction
State Liability Regulations: State-specific requirements for liability waivers, including format, content, and enforceability standards
Unconscionability Doctrine: Waiver must not be unconscionable in terms of both procedure and substance to remain enforceable
Gross Negligence Exception: Cannot waive liability for gross negligence, intentional misconduct, or willful acts in most jurisdictions
Clear Language Requirement: Must use clear, unambiguous, and specific language that is easily understood by all parties
Format Standards: Document must meet formatting requirements including conspicuous presentation, proper identification of parties, and specific risks being waived
Consideration Clause: Must clearly state what each party receives in exchange for the waiver (consideration)
Public Policy Limitations: Waiver provisions must not violate public policy or attempt to waive non-waivable rights
