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Limitations on Private Waiver of Employment-Related State Law Claims Chart: Overview

by Practical Law Labor & Employment

Law stated as of 30 December 2022 | Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, USA (National/Federal), Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming

A 50-state chart that details state laws restricting the private waiver of various employment-related claims. While employers typically use broad release of claims agreements, this resource outlines the significant limitations imposed by state statutes. This Reference Chart specifically addresses prohibitions on releasing claims for unemployment benefits and workers' compensation, which often cannot be waived or require administrative or judicial approval to settle. It also covers other non-waivable claims under state law, such as those for wages or other legally entitled benefits. For employers and legal counsel drafting separation or settlement agreements, this chart provides a crucial state-by-state overview of which employment claims cannot be legally released by an employee, helping to ensure the enforceability of these critical documents.

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