Older Workers Benefits Protection Act

mushroomHR

I did a search but found nothing on the forum about this topic. How do you meet the requirements of the OWBPA? I am looking for some information as to how an employer must comply with this act but have been unable to find anything. I know a list is supposed to be prepared of other workers in the same classification and their ages. Does this only apply if you have the terminating employee sign a waiver of some type? Any help would be appreciated. Thanks.

hrbanker

This law amends the Age Discrimination in Employment Act (ADEA). It gives older workers protection with respect to waiver and release agreements and prohibits discrimination in the administration of employee benefit plans. (Ohio and Federal Employment Law Manual)

We apply this in releases or early retirement agreements. Early retirement agreements or releases have to include a benefit or money that would not normally be available to the person. They have to have at least three weeks to sign and should be encouraged to get legal advice. There has to be a period where they can rescind the agreement. It's my understanding that they don't have to waive the right to sue under the ADEA.

We have our benefits counsel draw up any waivers or agreeements for older workers.

We offer benefits on an non-discriminatory basis. The only age-lists I have are for future staffing and succession planning.