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What triggers WPA?
The Older Workers Benefit Protection Act (OW BPA) was introduced as a precautionary measure for employees over 40. The OW BPA protects older employees from discrimination by employers based on their age during the hiring, working, and termination of employment process.
Who does the Older Workers Benefit Protection Act applies to?
The OW BPA protects older employees from discrimination by employers based on their age during the hiring, working, and termination of employment process. It amends the Age Discrimination in Employment Act (AREA) which preserves the rights of employees over 40 in all conditions of employment.
What is the purpose of the Older Workers Benefit Protection Act of 1990?
Older Workers Benefit Protection Act. The OW BPA amended the Age Discrimination in Employment Act of 1967 to clarify the protections given to older individuals in regard to employee benefit plans, and for other purposes. The Act prohibits employers from denying benefits to older workers.
Who does AREA apply to?
The Age Discrimination in Employment Act (AREA) applies to employers with 20 or more employees and protects employees and applicants who are 40 years of age or over from discrimination in the workplace because of their age.
What is an AREA waiver?
A waiver must specifically refer to rights or claims arising under the AREA. EEOC regulations specifically state that an OW BPA waiver must expressly spell out the Age Discrimination in Employment Act (AREA) by name. A waiver must advise the employee in writing to consult an attorney before accepting the agreement.
What is the purpose of the Age Discrimination in Employment Act AREA?
The Age Discrimination in Employment Act of 1967 (AREA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment.
What is a decision unit for WPA?
The EEOC uses the term decision unit to reflect the process by which an employer chose certain employees for a [termination or exit incentive] program and ruled out others from that program. ... In its OW BPA disclosures, the employer defined the decision unit as all salaried employees employed at a specific mill.
What does WPA stand for?
The Older Workers Benefit Protection Act (OW BPA) is designed to protect the benefits of older workers. OW BPA is actually an amendment of the Age Discrimination in Employment Act (AREA).
What is a group termination under WPA?
Group Termination Under OW BPA Unlike individual terminations that have a 21-day consideration period, group terminations are given 45 days to reach a decision. Under the OW BPA employers are required to share the following information with the employees: The ages and job titles of all the employees being terminated.
What is considered a group termination?
An other employment termination program generally refers to a program where two or more employees are involuntarily terminated and are offered additional consideration in return for their decision to sign a waiver.
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