SPHR Human Resources

Category - Rewards

The Older Worker Benefit Protection Act requires that an employee age 40 or older who is asked to waive their rights under the act must be given what?
  1. 7 days to consider the agreement before signing it
  2. 21 days to consider the agreement before signing it
  3. 45 days to consider the agreement before signing it
  4. 60 days to consider the agreement before signing it
Explanation
Answer - B - Workers age 40 or older who are asked to sign a waiver of their rights must be given 21 days to consider the agreement before signing it.

Key Takeaway: Unless they are part of a group termination or layoff, then in that case, they must be given 45 days to sign the agreement. In both instances, they may revoke the agreement within 7 days. The OWBPA does not require 60 days to consider the agreement before signing it.
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