Labor Law: Severance agreements for employees over 40!!!

[Omaha Steve]

NEWS to me.

http://www.timesdispatch.com/business/learning-center/labor-law-severance-agreements-for-employees-over/article_df5375d2-6354-11e4-a64b-0017a43b2370.html

Posted: Monday, November 3, 2014 6:00 pm
By Karen Michael

The federal Age Discrimination in Employment Act (ADEA) prohibits discrimination against candidates or employees based on age (40 and over). Employers with 20 or more employees must comply with the provisions of the federal law.

Congress amended the ADEA with the Older Worker Benefit Protection Act (OWBPA) to address what it believed was continuing discrimination against older workers in terminations and layoffs. The OWBPA places strict requirements on the information contained in severance and termination agreements. Without OWBPA compliance, employees who are age 40 or over can still pursue age discrimination claims against the employer even after signing the release.

If you are terminating a single employee who is 40 or over, and you plan to provide a release in exchange for some type of payment, or your organization is implementing a layoff of two or more associates, and one or more employees is 40 or over, then you must comply with the requirements of the OWBPA. The EEOC provides specific guidance for complying with the OWBPA, and in this case, details matter.

Most importantly, the release must be “knowing and voluntary.” The law provides seven factors to consider if it’s knowing and voluntary, and these include:

The waiver must be written in a manner that can be clearly understood. It must be drafted in “plain language geared to the level of comprehension and education of the average individual(s) eligible to participate.” Employers should avoid technical jargon, long, complex sentences and misleading information.

FULL story at link.

Karen Michael is an attorney specializing in practical work law solutions and provides advice, training and investigations to organizations in the public and private sector.

[suffragette]

1. Thank you for this.

Very helpful to know.

[Omaha Steve]

2. Kick