OWBPA - Older Workers' Benefit Protection Act

The Older Workers Benefit Protection Act forbids discrimination by employers based on age when providing employee benefits, like severance. The OWBPA also ensures that no employee is coerced or pressured into signing legal waivers of rights under the Age Discrimination in Employment Act (ADEA).  Continue OWBPA

 

Applicable Law(s): Age Discrimination in Employment Act (ADEA)

 

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FAQs

1. If a waiver is deemed invalid, must an employee return the consideration he/she originally received in exchange for signing it before he/she can challenge it in court?
2. What factors do the courts consider when determining the validity of a waiver?
3. What can employers do when drafting and executing waivers to make sure that employees can't later claim that they didn't knowingly and voluntarily waive their right to sue?