Employment Tip of the Month – May 2026

Short summary

Separation agreements require careful legal compliance, especially for employees 40+—OWBPA mandates clear language, 21-45 day review periods, 7-day revocation rights, and additional consideration. Group layoffs trigger enhanced disclosure of selection criteria and employee ages. State and local laws add protected classes; California, Illinois, and New York restrict confidentiality and non-disparagement clauses.

• •OWBPA requires explicit age discrimination waivers, 21-45 day review, 7-day revocation, and additional consideration for employees 40+
• •Group layoffs need enhanced disclosures: decisional unit, selection criteria, ages of selected/unselected employees
• •State laws vary significantly—Illinois, California, NY restrict confidentiality/non-disparagement to prevent concealing unlawful practices

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