In order to allow an employee to make an informed decision, the ADEA requires that if an employer requests a waiver in association with a group termination program, the employer must disclose certain information to the employee in writing.
US Code:
29 USC 626(f)(1)
Name of Law: Age Discrimination in Em[ployment Act
According to 2006 Bureau of Labor Statistics, there were 13,998 mass layoffs (i.e., layoffs that effected 50 or more persons)in that year. Consequently, we increased the number of respondents to reflect this higher number of events. We also assumed that the greater degree of automation and the maintenance of employment information in automated systems would decrease the burden hours needed by employers undergoing layoffs to generate the required information and disclose it to the effected persons. Consequently, we decreased the burden hours per event from 2.99 to 1.5.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
PRA-SUPPORTADEAwaivers.doc
Waivers of Rights and Claims Under the ADEA; Informational Requirements