Settlements

• Author: Cathy Ventrell-Monsees
• Pages: 461-478

SETTLEMENTS

8-1

CHAPTER 8

SETTLEMENTS

I. ADEA SETTLEMENTS

§8:10 Overview: Older Workers’ Benef‌its Protection Act (“OWBPA”)

§8:20 EEOC Regulations re: “Knowing and Voluntary” Waiver or Release

§8:20.10 Must Be in Plain Language

§8:20.20 Must Refer to ADEA by Name

§8:20.30 Must Not Waive Future Rights

§8:20.40 Employee Must Receive Consideration in Addition to Anything to Which Employee

Already is Entitled

§8:20.40.10 No Additional Consideration Requirement for Employees Over 40

if Terminated Pursuant to Program or Plan

§8:20.50 Release Must Advise Employee to Consult an Attorney

§8:20.60 21/45 Days to Sign—Period Can be Waived

§8:20.70 Employee Must Be Advised in Writing of Opportunity to

Revoke Release Within Seven Days of Signing

§8:20.80 What Constitutes “Exit Incentive Program” or “Plan” to Trigger

Data Disclosure Requirements and 45-day Consideration Period?

§8:20.80.10 Required Information to be Disclosed to

Employees in Exchange for a Release

§8:20.80.20 Broad Def‌inition of “Decision-Making Unit”

§8:30 Party Challenging the Release has the Burden of Proving it Met All Requirements

§8:40 Releases Settling ADEA Charges and Lawsuits

§8:50 Waivers/Releases Cannot Affect EEOC Enforcement

§8:60 Tender Back Rules

§8:60.10 Supreme Court Ruling in Oubre v. Entergy Operations, Inc.

§8:60.20 EEOC Regulations in Response to Oubre

§8:60.30 Covenants Not To Challenge Release Are Invalid

§8:70 Admissibility of Release and Settlement Agreements at Trial

§8:80 Non-Waivable Rights - Waivers Prohibiting Cooperation With Other Employees Who Have Charges

[§8:90 – 100 Reserved]

II. WHAT TO LOOK FOR IN SETTLEMENT AGREEMENTS

§8:110 Type and Scope of Release

§8:120 Entitlement to Benef‌its

§8:130 References

§8:140 Non-Waivable Issues

§8:150 Tax Aspects of Settlement

SETTLEMENTS

(This page intentionally left blank.)