Key Highlights
- New York’s “No Severance Ultimatums Act” imposes new procedural requirements for separation agreements with all employees, expanding protections beyond those required under federal law.
- Noncompliant separation agreements will be void and unenforceable, potentially leaving employers without an effective release of claims even after paying severance.
- Employers should update New York separation agreement templates now to comply with the Act’s new timing and notice requirements before it takes effect.
New York’s legislature recently passed the “No Severance Ultimatums Act” which imposes new procedural requirements on employers who offer separation agreements to departing employees. This Act, which we expect will be signed by Governor Hochul, requires immediate action from employers because it will render non-compliant separation agreements void and unenforceable.
What the Act Requires Employers to Do
The new Act requires that employers provide all employees with a 21-day period to consider the terms of a severance or separation agreement upon the termination of employment, and then a 7-day period to revoke their acceptance after signing the agreement. The Act also requires employers to provide notice to employees of certain rights, and prohibits fraudulent, misrepresenting or threatening actions by the employer to undermine the Act’s protections.
How the New Law Differs From the OWBPA
Many of these requirements are already in place in similar form with...
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