Under OWBPA, what must be provided to employees aged 40+ when signing a waiver of their right to sue for age discrimination?

• A. A general warning about age discrimination with no timeframes.
• B. A requirement to sign and waive all rights immediately.
• C. Detailed information and a specific timeframe to review and revoke any waiver of their right to sue for age discrimination.
• D. An option to waive only certain claims.

Answer: (C)

Under OWBPA, a waiver signed by employees 40 or older must be knowing and voluntary, and the employee must receive information that clearly explains what rights are being waived and the implications. The essential part is giving a detailed explanation of the rights being waived and a specific window to consider and to revoke the waiver. This ensures the employee truly understands the rights they’re giving up and isn’t pressured into signing.

Concretely, the law requires a written, clearly worded waiver that references the ADEA, includes an opportunity to consult an attorney, and provides a defined period to review (21 days for an individual agreement, 45 days for a group separation) plus a period to revoke after signing (typically seven days). By including detailed information and a set timeframe to review and revoke, the waiver meets the standards for being knowing and voluntary.

Other options miss these critical elements: they either skip the time to consider, push for immediate signing, or try to limit the waiver in a way that isn’t consistent with OWBPA’s protections.