Employers should also keep in mind that OWBPA rules prohibit employers from imposing a sanction on the worker if he or she questions the validity of an exemption agreement. Inappropriate sanctions in exemption agreements may include provisions requiring employees to reimburse the consideration received when a worker takes legal action against the validity of the exemption agreement or a provision requiring workers to pay the employer`s attorney`s fees and/or damages as a result of filing an ADEA action. 29 C.F.R. §1625.23 (b). (Note, however, that if an employee successfully challenges the validity of the agreement and prevails in the case of an ADEA action, a court may pay the employee any consideration paid under the agreement to exempt compensation awarded in the subsequent remedy.) (a) general exemption and waiver of rights. (d) discontinuation of class/class actions. Where a right cannot be exempted, the employee, to the extent permitted by law, waives any right or faculty to be a representative of a class or class action or to participate in an alleged or certified class, group or multi-party action or proceeding based on such a right in which a company or other release referred to in this Agreement is a party. It`s important to carefully assess the risks of non-savings clauses, both in termination agreements and in general guidelines, given Griffin`s position that the guidelines are supported by NLRB decisions, advises attorney Kristina Spitler of Vanderpool Frostick & Nishanian PC in Manassas, Virginia. Indeed, avoid any provision requiring employees to waive their right to assert a right in exchange for severance pay or other benefits, he says. “The law is pretty well established when it comes to asking employers to sign their right to a concerted activity,” datz says. “In general, it`s illegal.” But it increasingly seems that peace cannot always be bought. Several recent measures taken by federal authorities highlight the risk faced by employers when they draw up redundancy agreements requiring workers to provide something in exchange for obtaining wages or other benefits. .