includes a unique series of specific notice and information
workers may consider seeking relief under state law, as well as other federal statutes, such as the Age Discrimination in Employment Act of 1967 (ADEA) and the Older Workers Benefit Protection Act (OWBPA
Hampton suggests that courts may take a different view toward claims that don't trigger the OWBPA
or involve age discrimination, according to Carla Rozycki, a partner at Jenner & Block.
Rather, the court observed that when the claim is of an ADEA violation, such a waiver is not knowing and voluntary unless it meets certain procedural requirements under the Older Worker Benefit Protection Act (OWBPA
The sort of "damages offset" applicable in OWBPA
cases would apply with even more force in the context of a ban on confidential settlements.
(158) The unspecified requirement of additional consideration is the only substantive condition on OWBPA
waivers; the other conditions are basically procedural.
The information about groups, eligibility factors, job titles, and ages in the 45-day OWBPA
waiver agreement is calculated to allow an employee (and his lawyer) to determine whether he could have at least a colorable age discrimination claim, either disparate treatment or disparate impact.
(6.) In addition, the OWBPA
limited offsets of pension benefits against severance payments, raising the cost borne by employers when involuntarily terminating older workers.
Brown & Brown, Inc., that a contract waiving an employee's ADEA right to a jury trial (although not requiring arbitration) was unenforceable because it did not comply with the OWBPA
's requirements for waivers of statutory rights.
provides that the following conditions must be satisfied for a waiver to be knowing and voluntary:
In addition, employers should be careful not to violate the Employee Retirement Income Security Act (ERISA) and OWBPA
, both of which may come into play in the event of a work force reduction.
The Older Workers Benefit Protection Act (OWBPA
) contains several provisions of special interest to employers designing incentive programs.