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Professional Biography:
Andrew F. Maunz is of counsel in the Pittsburgh, Pennsylvania, office of Jackson Lewis P.C. His practice focuses on representing employers in workplace law matters, including litigation, preventive advice, and counseling.
Prior to joining Jackson Lewis, Andrew served as the legal counsel of the Equal Employment Opportunity Commission (EEOC) where he served as the agency’s chief in-house lawyer and oversaw the office responsible for the EEOC’s interpretations, guidance, regulations, and other legal matters. During his tenure as legal counsel, he helped lead the EEOC’s response to COVID-19, providing widely praised guidance on compliance with federal EEO laws during the COVID-19 pandemic. This included specific guidance on vaccines, employee testing, reasonable accommodations, and much more. Andrew coordinated on COVID-19 issues with other federal agencies and provided presentations related to the pandemic to industry groups and congressional staff
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In a world where layoffs and terminations are a possibility for
any business, it is essential that employers understand some of the
critical mistakes they could make when providing severance payments
to employees.
Here are some of the biggest ones we have seen and how to
conquer them:
Not having a written agreement with a release
- Yes, there have been instances where an employer provides a
severance payment and never required a written release in exchange.
Remember, a severance payment, generally speaking, is not due or
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On January 14, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) approved a formal opinion letter clarifying that non-U.S. citizen employees of American employers working outside the United States need not be included in disclosures required to waive age discrimination claims under the Age Discrimination in Employment Act (“ADEA”), as amended by the Older Workers Benefit Protection Act (“OWBPA”).
OWBPA Requirements for Releasing ADEA Claims
Employers conducting workforce reductions often seek a release of employment-related claims in exchange for severance. To release a claim of age discrimination under the federal ADEA (which protects individuals age 40 and over), any release agreement with a separated employee must comply with the requirements of the OWBPA. In that regard, when an employer requests a release in connection with an exit incentive or other employment termination program offer