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Waivers: compliance tips

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in Employment Law,Human Resources

Waivers are designed to prevent employees from suing employers. But they must be written correctly and implemented fairly in order to prevent them from becoming the basis of employee lawsuits under the Older Workers Benefit Protection Act (OWBPA).

FAQs about waivers

1. What criteria must a waiver meet to be considered "knowing and voluntary" under the Older Workers Benefit Protection Act?

The OWBPA outlines the following eight requirements for a knowing and voluntary waiver.

  1. The waiver is part of an agreement between the employee and employer that is written in a manner calculated to be understood by the employee (i.e., lay off the legalese and use plain English).
  2. The waiver specifically refers to rights or claims arising under the Age Discrimination in Employment Act (ADEA).
  3. The employee does not waive rights or claims that may arise after the date the waiver is executed.
  4. The employee waives rights or claim...(register to read more)

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