Connecticut Employment Law Blog Insight on Labor & Employment Developments for Connecticut Businesses

Tag Archives: owbpa

This is Why the Number of Employees You Have Matters in Employment Law

Posted in Discrimination & Harassment, Featured Content, Highlight, Human Resources (HR) Compliance, Laws and Regulations, Manager & HR Pro’s Resource Center

There are many confusing aspects of employment law — not the least of which is that certain laws only apply to employers of a certain size. For example, the federal age discrimination law, ADEA, only applies to a business if it has 20 or more employees who worked for the company for at least twenty calendar… Continue Reading

Is There A Difference Between Firing Because of Age vs. Salary?

Posted in Discrimination & Harassment, Highlight

Up on Fortune magazine’s column “Practically Speaking” is the following question: Frank has been with us for more than 20 years. He works in the warehouse and has done a good job for us. I like him. But, to be honest, for the work he performs I could easily replace him someone younger and …… Continue Reading

An Explainer Video on OWBPA-Compliant Separation Agreements

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Manager & HR Pro’s Resource Center

As I keep trying new things for the blog, today I introduce an “explainer” video.  You’ve seen them before; it’s a short movie explaining a subject. Today’s topic is one I’ve touched on from time to time — separation agreements that comply with the Older Workers Benefit Protection Act. Let me know what you think… Continue Reading

Has IBM Found a Way Around the OWBPA and Should Others Follow?

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

Last week, a story caught my eye and the attention of some of my colleagues.  As reported first by Bloomberg BNA, IBM has stopped providing the comparison information that is typically required in separation agreements for older workers under the Older Workers Benefit Protection Act. You may be wondering how that is possible.  Robin Shea,… Continue Reading

The EEOC Regulation You Need to Know When Making a “Material Change” to a Separation Agreement

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance, Laws and Regulations

Suppose you have to terminate an employee who is over the age of 40 and you decide to offer that employee a separation agreement. (I’ve previously covered the “standard” provisions in an agreement here and discussed a 2009 EEOC Guidance on the subject here.) You already know (right?) that releases for employees over 40 need… Continue Reading

Employee Who Changed Word Secretly in Severance Agreement Allowed to Proceed With Discrimination Claim

Posted in Discrimination & Harassment, Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

The situation is a common one. Employer terminates the employment of an employee. Employer provides a severance agreement with its signature already affixed.  Employee signs it and returns the agreement to the employer. Employer, likely reviewing just the signature, pays the severance. But here’s where things get interesting. Employee then sues the employer for discrimination. Employer says, “wait… Continue Reading

The “Standard” Provisions in an Employment Settlement Agreement

Posted in Highlight, Human Resources (HR) Compliance, Litigation, Manager & HR Pro’s Resource Center

The title of this post is, of course, a bit misleading.  Any lawyer will tell you that each employment case you may have is unique and that any settlement must take into account the facts and circumstances of the particular case. All true.  And, if your company is negotiating a settlement, you ought to have… Continue Reading

From the Archives: Drafting Separation Agreements to Comply with OWBPA

Posted in Human Resources (HR) Compliance

As this blog has grown over the last few years, I’ve noticed that some readers have missed earlier articles on relevant topics.  Indeed, sometimes they ask why I haven’t written about it before when, in fact, I have.  Rather than write the same post again, I thought it would be useful, from time to time,… Continue Reading

Bill Allowing Complainants to Get A Quick Release from CHRO Gets a Makeover (And Moves On)

Posted in CHRO & EEOC, Legislative Developments

Earlier this month, I posted on a bill pending before the Connecticut General Assembly that would have changed the statute of limitations for filing employment discrimination claims and allowed a Complainant to ask for a release of jurisdiction of the CHRO as soon as possible. This week, the Labor & Public Employee Committee approved of… Continue Reading

“If You Don’t Quit (and Sign a Release), You’re Fired”: Court Upholds Agreement; Says It Is Not “Undue Influence”

Posted in Discrimination & Harassment, Human Resources (HR) Compliance, Litigation

From time to time, employers are faced with a quandary: When an employee has not been following the rules, do I fire the employee straight up? Or do I give the employee an opportunity to resign first, and potentially sign a settlement agreement? Why might an employer do that? Well, it allows the employee to save face… Continue Reading

EEOC Updates FAQ and Technical Guidance on Separation and Severance Agreements

Posted in CHRO & EEOC, Discrimination & Harassment, Human Resources (HR) Compliance

In a hearing earlier today, the Equal Employment Opportunity Commission discussed the "devastating impact" that age discrimination has on workplaces and employees. For employers, however, the most notable item from the hearing was the release of new technical guidance regarding separation agreements and the waivers of age discrimination claims contained in such agreements.  You can… Continue Reading

Settlement of Employment Law Disputes – A Great Checklist of Issues to Consider in Drafting and Negotiating

Posted in Human Resources (HR) Compliance

Wouldn’t it be great if there were a document that outlined issues that both employers and employees could think about when trying to settle employment law disputes? Turns out there is. You just need to know where to look. At the risk of giving up one of my "secret resources", one of my favorites is… Continue Reading

Reducing Risks in a Reduction in Force – Is There a Perfect Solution

Posted in Class Actions, Discrimination & Harassment, Human Resources (HR) Compliance

Addressing the legal risks associated with a reduction in force (or "RIF") has long been a topic on this blog. In fact, looking in my crystal ball way back in January 2008, I suggested that it would the hot topic before years’ end.  Flash forward to the present, and the headlines continue to be dominated… Continue Reading

Out With the Old (Part II) – More Stories from 2008 That Might Have Been Overlooked

Posted in Human Resources (HR) Compliance

Yesterday, I started recapping some stories from 2008 that never quite made it into full-fledged blog posts, but were worth a look at. Before we move on to new subjects for the new year, I’ll recap a few more stories that are worth taking a look at that you might have missed.  Perhaps it’s a… Continue Reading

Separation Agreements: How Much Severance is Appropriate in Exchange for a Release?

Posted in Human Resources (HR) Compliance

With all the talk about layoffs, separation agreements have moved front-and-center to the discussion on how companies can reduce their liability exposure. But how much severance should a company offer to its employees when laying them off? There is, of course, no set rule in Connecticut — or the United States — on how much severance… Continue Reading

Stocks Tumble and Layoff-Related Search Terms Increase: Coincidence?

Posted in Human Resources (HR) Compliance

With the cable news shows tracking the stock market like the latest sports scores ("it’s down…no it’s really down!), there is little doubt that the public and companies are all feeling some anxiety.  So, I decided to take a look at some of the blog statistics to see if I could discern any patterns.  While… Continue Reading

Five Laws and Issues Employers Should Think About In This Credit Crunch and Economic Crisis

Posted in Human Resources (HR) Compliance, Laws and Regulations

The headlines this week, particularly to those in Connecticut, sound an ominous tone.  Foxwoods announces layoffs of 700. And this morning, a new government report came out showing that employers shed nearly 160,000 jobs.  Where will this all lead? That’s the $1 trillion dollar question that is on everyone’s mind. But in the meantime, there… Continue Reading

FROM THE ABA LABOR & EMPLOYMENT CONF: RIFs and Layoffs (or, When Bad Things Happen to Good People)

Posted in Human Resources (HR) Compliance

Over the next few days, I’ll be filing posts about the ABA Labor & Employment Law Conference held in Denver from September 10-13 (my plans to post live ran afoul of some firewalls that labelled my site a "weapons" site. Who knew?) With the unemployment rate at its highest levels in several years, it was… Continue Reading

Quick Updates: Ethics Case, Minimum Wage, NASCAR lawsuit, OWBPA and “Decisional Units”

Posted in Laws and Regulations, Legislative Developments, Litigation

Just time enough for some short updates on various posts from the last few weeks. You may recall a few weeks ago that the Governor vetoed a bill which would have increased the minimum wage in Connecticut to $8/hour in January 2009.  While there has been talk of a possible override session, it’s difficult to get the… Continue Reading

Drafting Separation Agreements: How to “Take Off” with OWBPA and ADEA

Posted in Human Resources (HR) Compliance, Laws and Regulations

For employers, providing employees with a separation agreement may be one of the best ways for a company to minimize their risk of litigation from the termination of that employee.  But an agreement, it is often said, is only worth the paper it is written on, if it meets certain legal requirements.  Just like pilots… Continue Reading