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What triggers WPA?
The OW BPA prohibits employers from: Using the employee's age as grounds for termination of employment. Targeting older workers for reduction in force programs. Forcing older workers to sign a waiver of age discrimination claims without consideration.
Who does WPA apply?
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.
What is an WPA disclosure?
The OW BPA, which is part of the Age Discrimination in Employment Act (AREA), safeguards older workers' employee benefits from age discrimination. Specifically, the OW BPA requires that older workers provide a “knowing and voluntary” waiver of their age discrimination claims.
Does WPA apply to settlement agreements?
The OW BPA is a rider to the AREA, 29 U.S.C. §626. With belt-and-suspenders caution, some employers insist on having two settlement agreements: one for the AREA waiver containing the consideration and revocation periods, and one for all the other claims in the lawsuit.
Is over 50 a protected class?
State and federal laws prohibit companies from discriminating against workers because of their age. The Age Discrimination in Employment Act, or AREA, is a federal law that protects workers older than 40 from unfavorable treatment based on their age.
What is a group termination program under WPA?
Usually other employment termination program refers to a group or class of employees who were involuntarily terminated and who are offered additional consideration in return for their decision to sign a waiver.
What is a group termination?
A group termination of employment is the termination of employment of 50 or more employees working at a single industrial establishment either on the same date or within any 4-week period. It would be unduly prejudicial to the interests of affected employees or of the employer.
How long do I have to sign a severance agreement?
When more than one employee is being terminated at the same time, employers must give employees 45 days to consider and sign a severance agreement. Employees 40 and older also get seven days to reconsider or revoke their signatures.
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