SAMPLE MATERIALS — for demonstration and internal-checklist use only. Not legal advice; all drafting language must be reviewed and adapted by a qualified employment attorney before use in any agreement.

The OWBPA Compliance Pack

Older Workers Benefit Protection Act (29 U.S.C. § 626(f)) — the deadlines, the required elements, and a disclosure-grid template for group programs. Print it, pin it, and run it before any severance agreement for an employee 40 or older goes out.

1. The deadlines at a glance

Situation	Consideration period	Revocation period	Extra requirement
Individual termination, employee 40+	21 days minimum to consider before signing	7 days after signing; the agreement is not effective until it expires	Written advice to consult an attorney
Group termination or exit-incentive program (2+ employees)	45 days minimum	7 days after signing	Written disclosure of the decisional unit, eligibility factors, time limits, and the job titles and ages of everyone selected and not selected

Courts treat these as a strict checklist — substantial compliance does not count. A waiver missing any element is invalid: the employee keeps the severance and the ADEA claim.

2. The 8 required elements checklist

The waiver is part of a written agreement, in plain language the employee can understand
The agreement specifically refers to ADEA claims by name — a general release of "all claims" is not enough
No waiver of rights or claims arising after the date the agreement is signed
The waiver is exchanged for consideration beyond anything the employee is already entitled to
The employee is advised in writing to consult an attorney before signing
The employee is given at least 21 days (individual) or 45 days (group) to consider
The agreement provides a 7-day revocation period after signing, and is not effective or enforceable until that period expires
For group programs: the written decisional-unit disclosure (see the template below) is provided at the start of the consideration period

3. Sample clause language

⚠ SAMPLE DRAFTING LANGUAGE — a starting point for attorney review only. Do not copy into an agreement without review and adaptation by qualified employment counsel for your jurisdiction and facts.

Consideration and revocation (individual):

"Employee acknowledges that Employee has been given a period of at least twenty-one (21) calendar days to consider this Agreement and is advised in writing to consult with an attorney before signing it. Employee may revoke this Agreement within seven (7) calendar days after signing by delivering written notice of revocation to [name/address]. This Agreement shall not become effective or enforceable, and no payment shall be due, until the eighth day after Employee signs it without having revoked it."

ADEA-specific reference:

"The claims released include, without limitation, any claim under the Age Discrimination in Employment Act of 1967, as amended by the Older Workers Benefit Protection Act. This release does not waive rights or claims that may arise after the date this Agreement is signed."

4. Group-program disclosure grid (template)

Provided at the start of the 45-day window. Fictional example data — replace every cell.

Job title (decisional unit: [e.g., Customer Operations Dept.])	Age	Selected for program
Customer Service Representative	52	Yes
Customer Service Representative	34	No
Customer Service Team Lead	47	Yes
Customer Service Team Lead	29	No

The disclosure must also describe the decisional unit, the eligibility factors used, and any time limits of the program. Skewed selection toward older ages in this grid is itself litigation evidence — review the pattern with counsel before anything is offered.

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