ADEA & OWBPA Compliance: Must comply with Age Discrimination in Employment Act and Older Workers Benefit Protection Act requirements, including 21/45 day review periods and 7-day revocation period for employees age 40+

Title VII Considerations: Must address Title VII of the Civil Rights Act protections and ensure release language covers discrimination claims while maintaining right to file EEOC charges

ADA Compliance: Must consider Americans with Disabilities Act requirements in release language and ensure accessibility of document

FLSA Requirements: Fair Labor Standards Act claims cannot be waived; release must explicitly acknowledge this limitation

NLRA Considerations: National Labor Relations Act rights must be preserved, particularly regarding concerted activity rights

State Labor Laws: Must incorporate relevant state-specific labor law requirements and restrictions on release agreements

Consideration Requirements: Must include adequate consideration (something of value) beyond what employee is already entitled to receive

Non-Waivable Rights: Must explicitly preserve non-waivable rights including workers' compensation, unemployment benefits, and whistleblower protections

Clear Language Requirement: Must use clear, unambiguous language that is easily understandable by the employee

Voluntary Agreement: Must establish that the agreement is entered into voluntarily, without fraud or duress

Legal Counsel Notice: Must include recommendation for employee to consult with legal counsel before signing

Scope Definition: Must clearly define the scope of claims being released and any specific exclusions