The Older Workers Benefit Protection Act is spelled /'oʊldər 'wɜrkərz 'bɛnɪfɪt prə'tɛkʃən ækt/ in IPA phonetic transcription. The word "older" is pronounced with the long "o" sound followed by a schwa, and "workers" is pronounced with the "er" vowel sound followed by the "k" and "s" consonant sounds. "Benefit" is pronounced with the "e" sound and emphasis on the second syllable, and "protection" is pronounced with the stress on the first syllable, followed by the "k" and "sh" consonant sounds. "Act" is pronounced with the short "a" sound and emphasis on the final consonant.
The Older Workers Benefit Protection Act (OWBPA) is a federal law enacted in 1990 by the United States Congress that aims to protect the rights of older workers against age discrimination in the workplace. The OWBPA amended the Age Discrimination in Employment Act of 1967 (ADEA) and introduced several provisions to ensure fair treatment for older employees.
The act highlights specific facets to protect the rights of older workers during the negotiation and implementation of employment benefit plans or employee severance programs. It requires employers to furnish written disclosure of necessary information pertaining to benefits and waivers to employees aged 40 and above. This written disclosure must be provided in clear and understandable language, elaborating on the selection criteria, period offered for consideration, and the time frame to review and sign any agreements.
The Older Workers Benefit Protection Act incorporates specific requirements to guarantee that older employees are not coerced or manipulated into waiving their rights under the ADEA. It mandates a minimum of 21 calendar days for employees to consider the written waiver agreement and at least seven days for revocation after signing. Additionally, employees must be advised to consult with an attorney before signing any such agreements.
Overall, the Older Workers Benefit Protection Act exists to safeguard the interests of older employees and prevent age discrimination in the workplace, ensuring transparency and fair treatment when it comes to benefit plans and severance packages.