ADEA Compliance: Age Discrimination in Employment Act requirements for valid release of age discrimination claims, particularly important for employees over 40
OWBPA Requirements: Older Workers Benefit Protection Act mandates specific requirements including 21-day consideration period and 7-day revocation period
Title VII Considerations: Title VII of the Civil Rights Act provisions relating to discrimination claims and their valid release
ADA Compliance: Americans with Disabilities Act considerations for releases involving disability-related claims
FLSA Requirements: Fair Labor Standards Act considerations, particularly regarding wage and hour claims and their settlement
ERISA Considerations: Employee Retirement Income Security Act implications for benefits and retirement plans affected by the settlement
NLRA Compliance: National Labor Relations Act considerations, especially regarding protected concerted activity rights
State Labor Laws: Applicable state-specific labor laws that may affect the terms and enforceability of the agreement
State Release Requirements: State-specific requirements for valid release of claims and any mandatory language or provisions
State Non-Compete Laws: State-specific regulations regarding non-compete agreements and their enforceability
Valid Consideration: Requirement for adequate consideration beyond what the employee is already entitled to receive
Review Periods: Mandatory review periods (21 days for individual agreements, 45 days for group terminations)
Revocation Rights: Mandatory 7-day revocation period after signing the agreement
Attorney Consultation: Right to consult with an attorney before signing and recommended language regarding this right
Non-Waivable Rights: Identification of rights that cannot be waived, such as workers' compensation claims or future claims
Tax Implications: Consideration of tax treatment for various types of payments and required tax-related disclaimers
Confidentiality Provisions: Requirements and limitations for confidentiality clauses in settlement agreements
Non-Disparagement: Provisions regarding mutual or one-way non-disparagement obligations and their limitations
Company Property: Requirements for return of company property and verification of compliance
Benefits Continuation: Terms regarding continuation of benefits, including health insurance and COBRA rights
