ERISA Compliance: Employee Retirement Income Security Act considerations for any modifications to benefits or pension arrangements in the separation agreement amendment

Internal Revenue Code: Tax implications and requirements for any modified payments, benefits, or compensation structures in the amendment

ADEA Requirements: Age Discrimination in Employment Act compliance for employees over 40, including specific release requirements and consideration periods

FLSA Compliance: Fair Labor Standards Act considerations for any wage-related modifications in the separation agreement

State Contract Laws: Specific state requirements regarding modification of existing agreements and contract amendment provisions

State Employment Laws: State-specific employment regulations that may affect the terms of the separation agreement amendment

Consideration Requirements: Legal necessity for new or additional consideration to support the amendment to the existing agreement

Mutual Assent: Evidence of both parties' agreement to the modified terms and conditions

Statute of Frauds: Requirements for written documentation and signatures for the amendment to be legally binding

Non-Compete Provisions: Any modifications to existing non-compete or non-solicitation clauses must comply with current state enforcement standards

Confidentiality Obligations: Any changes to confidentiality requirements or trade secret protections in the original agreement

Release of Claims: Any modifications to the scope of claims released or additional releases required in the amendment

Benefits Continuation: Changes to any continued benefits, including health insurance coverage under COBRA or other benefit programs

Original Agreement Survival: Clear specification of which provisions from the original agreement remain in effect and which are being modified