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Severance Agreements for Employees over Forty

When managing employees over the age of 40, most employers think only of the Age Discrimination in Employment Act (“ADEA”). However, the Older Workers’ Benefit Protection Act (“OWBPA”) also comes into play. The OWBPA does not grant an employee additional claims, but is intended to ensure that older workers are fully and accurately informed of their rights.
New EEOC Rules on Evaluating How Workplace Decisions Affect Older Workers
The U.S. Equal Employment Opportunity Commission (EEOC) has finalized new regulations concerning a key legal defense that employers can raise to certain age discrimination claims. The rules went into effect on April 20, 2012. The bad news for employers is that using the defense has been made somewhat more difficult. The silver lining, if there is one, is that employers can use the regulations as a framework for evaluating their workplace decisions to try to minimize the odds that they will be successfully challenged.
Drug and Alcohol Testing Rules—Are You Up-to-Date?
Effective November 1, 2011, the state of Oklahoma added new revisions to its drug and alcohol testing statute—the Standards For Workplace Drug and Alcohol Testing Act, Title 40, Oklahoma Statutes, §§ 551 – 563. Your managers and supervisors should familiarize themselves with the changes, and your organization’s written policy should reflect these revisions. Whether your organization has employees in Oklahoma or not, it is a good idea, at least annually, to review your drug and alcohol policy with your organization’s legal counsel to make sure it complies with the laws in your particular state.
The Corporate Apology in Five Easy Steps
You probably remember the story about dozens of JetBlue Airlines’ passengers being stranded for more than 10 hours on the tarmac before taking off. The incident was a nightmare for the airline and it threatened the company’s reputation for world-class customer service. But surprisingly, JetBlue rebounded and remained number one in Customer Satisfaction in the airline industry the following year in the JD Power & Associates Annual Customer Satisfaction Survey. How did they do it?