News & Analysis as of

Severance Agreements Age Discrimination in Employment Act

Verrill

Primer on Severance Plans Under ERISA and the Tax Code

Verrill on

Many employers maintain formal or informal severance policies or practices that they use sporadically. Other employers may implement a severance program for a limited period of time to reduce the number of employees overall...more

Sherman & Howard L.L.C.

Court Finds A Voluntary Severance Package May Be An Adverse Action Under ADEA

In Andrews v. Williams WPC-I, LLC et al., 4:19-cv-02200 (M.D. Penn. July 16, 2020), the U.S. District Court for the Middle District of Pennsylvania held that a severance package can be an adverse action under the federal Age...more

Proskauer - Law and the Workplace

Eighth Circuit Holds Law Firm Partner Not “Employee” Covered by ADEA

On December 3, 2019, the U.S. Court of Appeals for the Eighth Circuit affirmed the decision of the District Court for the Eastern District of Missouri holding that a former equity partner at a law firm was not an “employee”...more

U.S. Equal Employment Opportunity Commission...

Barenbrug USA Reaches Agreement with EEOC

Grass Seed Company Resolves Investigation Into Unlawful Severance Agreements Offered to Employees During Recent Reduction in Force - MINNEAPOLIS - The U.S. Equal Employment Opportunity Commission (EEOC) and...more

Maynard Nexsen

Employers Should Be Aware of Pitfalls When Entering into Severance Agreements

Maynard Nexsen on

Severance agreements in the workplace have evolved considerably during the last twenty-five years. The idea of severance being paid to an employee only where a company has an established severance plan is no longer a reality....more

Littler

The Transformation of the Workplace Through Robotics, Artificial Intelligence, and Automation: Employment and Labor Law Issues,...

Littler on

The twin forces of technology and globalization are reinventing and redefining the workplace and the way work is performed. The workplace automation of the last century is rapidly being augmented and replaced by intelligent...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

What Is Knowing and Voluntary? One Court’s Take on the Enforceability of ADEA Waivers

A recent district court opinion in Romero v. Allstate Insurance Company, et al., 2016 WL 2619853 (E.D. Pa. May 4, 2016), underscores that there is not a “one-size-fits-all” approach for employers seeking “knowing and...more

Zelle  LLP

Getting Releases Right

Zelle LLP on

There are times when it makes sense to resolve an actual or potential employment law claim by paying something and getting a release from the employee. Paying severance in return for a release and waiver of claims isn’t...more

Mintz - Employment, Labor & Benefits...

EEOC’s Attempt to Limit Reach of Severance Agreements Hits Roadblock… Again

A federal judge in Colorado has once again stymied the EEOC’s efforts to successfully challenge an employer’s standard separation agreement as violating the Age Discrimination in Employment Act.  The decision in Equal...more

Baker Donelson

Don't Let the OWBPA Put a Rift in Your RIF

Baker Donelson on

Are you considering a reduction in force (RIF) that includes a severance package for employees? Are some of the employees included in the RIF over the age of 40? Before you take another step, make sure you know the...more

Littler

Recommendations in Response to the EEOC’s New Lawsuit on Severance Agreements

Littler on

On February 7, 2014, the Chicago District Office of the Equal Employment Opportunity Commission brought suit in the U.S. District Court for the Northern District of Illinois against CVS Pharmacy, Inc., claiming that a...more

Sands Anderson PC

Layoffs Are On The Rise Again – Are Your Documents Updated?

Sands Anderson PC on

Around the country, it appears companies are again planning large layoffs in cost-cutting moves. Although Research Triangle Park seems to be weathering the storm better than many areas, Net App and Quintiles are reducing...more

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