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Employee Liability Waiver for the United States

Employee Liability Waiver Template for United States

A legal document used in the United States that establishes limitations on an employer's liability for certain workplace incidents or injuries. The waiver outlines specific risks that the employee acknowledges and accepts as part of their employment, while maintaining compliance with federal and state labor laws, including OSHA requirements and workers' compensation regulations. The document must be carefully drafted to ensure enforceability while protecting both employer and employee rights.

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Employee Liability Waiver

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What is a Employee Liability Waiver?

The Employee Liability Waiver is essential in industries where workplace risks are inherent and unavoidable. This document serves to protect employers from certain liability claims while ensuring employees are fully informed of job-related risks. Under U.S. law, these waivers must be carefully constructed to comply with both federal regulations and state-specific requirements. The waiver cannot override workers' compensation rights or waive liability for intentional acts or gross negligence. It typically includes specific risk acknowledgments, clear language about what is being waived, and confirmation of the employee's voluntary agreement.

What sections should be included in a Employee Liability Waiver?

1. Parties: Identification of employer and employee, including full legal names and addresses

2. Background: Context of employment relationship and purpose of waiver, including reference to relevant employment terms

3. Definitions: Key terms used in the waiver including 'Claims', 'Liability', 'Covered Activities', and other relevant definitions

4. Scope of Waiver: Detailed description of rights being waived and specific limitations, including reference to applicable laws

5. Non-Waivable Rights: Clear statement of rights that cannot be waived under federal and state law

6. Acknowledgment: Employee's confirmation of understanding, voluntary agreement, and opportunity for legal consultation

7. Severability: Clause maintaining validity of remaining provisions if one is found invalid

8. Governing Law: Specification of applicable state law and jurisdiction

What sections are optional to include in a Employee Liability Waiver?

1. Consideration: Details of any additional compensation or benefits provided in exchange for the waiver

2. State-Specific Provisions: Additional provisions required by specific states where the waiver will be used

3. Review Period: Specified time period allowed for employee to review and consider the waiver

4. Revocation Rights: Employee's right to revoke acceptance within a specified period, if applicable

What schedules should be included in a Employee Liability Waiver?

1. Schedule A - Covered Activities: Detailed list of specific activities, tasks, and circumstances covered by the waiver

2. Schedule B - State-Specific Addendum: Additional provisions and requirements specific to particular states

3. Schedule C - Risk Acknowledgment: Comprehensive list of specific risks acknowledged by the employee

4. Schedule D - Emergency Contact Information: Employee's emergency contact details and relevant medical information

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Cost

Free to use
Clauses

























Industries

FLSA Compliance: Fair Labor Standards Act must be considered - employee rights regarding minimum wage, overtime, and recordkeeping cannot be waived

OSHA Requirements: Occupational Safety and Health Act provisions - fundamental workplace safety requirements cannot be waived

ADA Considerations: Americans with Disabilities Act compliance - rights of disabled employees must be preserved

Civil Rights Protection: Title VII of Civil Rights Act 1964 - discrimination protections cannot be waived

Age Discrimination: Age Discrimination in Employment Act provisions must be respected - cannot waive age discrimination protections

FMLA Rights: Family and Medical Leave Act rights cannot be waived through liability waiver

State Labor Laws: Specific state labor laws must be considered and cannot be circumvented by waiver

Workers Compensation: State workers' compensation rights cannot be waived through liability agreement

Public Policy Exception: Waiver cannot violate public policy or attempt to circumvent fundamental employee rights

Unconscionability: Agreement must not be unconscionable - terms must be fair and reasonable

Consideration Requirement: Valid consideration must be provided for the waiver to be legally binding

Clear Language: Waiver must use clear, unambiguous language that is easily understood by employees

Voluntary Agreement: Employee must enter into the waiver voluntarily without coercion or duress

Scope Limitations: Cannot waive liability for intentional injuries, gross negligence, or future unknown acts of negligence

State-Specific Requirements: Must comply with specific state requirements regarding liability waivers and employment agreements

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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