Age Discrimination in Employment Act (ADEA): Federal law requiring specific provisions for employees 40 or older, including mandatory review and revocation periods, and compliance with Older Workers Benefit Protection Act (OWBPA)
Title VII of the Civil Rights Act: Federal legislation governing discrimination claims releases and ensuring the agreement doesn't discriminate based on protected characteristics
Fair Labor Standards Act (FLSA): Federal law governing wage and hour considerations; certain wage claims cannot be waived in severance agreements
Employee Retirement Income Security Act (ERISA): Federal law governing impact on employee benefits and retirement plans in severance agreements
State Labor Laws: State-specific requirements for final wage payment, notice periods, and additional employee protections that vary by jurisdiction
State Unemployment Compensation Laws: State-specific regulations affecting employee eligibility for unemployment benefits after accepting severance
State Release Requirements: State-specific requirements for valid releases and consideration periods in severance agreements
Non-compete and Confidentiality Provisions: State-varying requirements and limitations on enforceability of non-compete and confidentiality clauses in severance agreements
WARN Act: Federal law requiring advance notification in cases of mass layoffs or plant closings, relevant if severance is part of larger reduction in force
COBRA: Federal requirements for continuation of healthcare coverage that must be addressed in severance agreements
Americans with Disabilities Act (ADA): Federal law ensuring protection of rights for employees with disabilities in severance situations
