Articles / When the agreement arrives
40 or older in a group layoff? What the agreement must include
The federal disclosure rules for group releases of age claims, the 45-day and 7-day periods, and what the information tells you.
Last reviewed November 6, 2026. General information about California law, not legal advice.
The short answer
If you are 40 or older and asked to release age claims as part of a group layoff or exit program, federal rules require written information about the group covered, the eligibility factors and time limits, and the job titles and ages of the people selected and not selected. You also get 45 days to consider the agreement and 7 days to revoke after signing.
General minimums · not a personal deadline
The review clocks, side by side
For most separation agreements, California requires notice of the right to talk to a lawyer and at least five business days to consider the agreement. Signing earlier is allowed when it is the worker's own choice.
When the agreement releases age claims, federal law adds at least 21 days to consider it and 7 days after signing to revoke. California's five business days apply as well.
In a group layoff or exit program, the federal period is at least 45 days, plus 7 days to revoke, and the employer gives written information about who was selected and who was not.
If the agreement changes: California's rule is silent on revised drafts. For age claims, a material change restarts the 21 or 45 days, unless the parties agree that changes do not restart it.
Gov. Code 12964.5 · 29 U.S.C. 626(f) · 29 C.F.R. 1625.22. General information, not legal advice. Map the timelines for a situation · Free and low-cost help
The rule
Under the federal Older Workers Benefit Protection Act and 29 C.F.R. 1625.22, a release of age discrimination claims in a group program comes with extra requirements:
- 45 days to consider the agreement.
- 7 days after signing to revoke it. This window cannot be shortened.
- Written information about the program, provided with the agreement.
What the written information covers
- The decisional unit: the group the employer chose from.
- The eligibility factors and any time limits for the program.
- The job titles and ages of everyone in that group who was selected, and of everyone who was not.
Why it matters
The list lets you see whether age appears to line up with who was selected. Many people never look at it, or never receive it. If it is missing, people commonly ask for it in writing before signing.
If the agreement changes
A material change generally restarts the 45 days, unless the agreement says changes do not restart it. Check for that sentence.
Read the transcript
Over 40 and handed a severance agreement? If it waives age discrimination claims, federal rules generally give at least 21 days to consider it, 45 in a group layoff, and 7 days to revoke after signing. That time is when many people check one thing. Is the version on the signing screen the version they read? Same file name. One new line. California law gives workers a copy of the employment documents they sign. Upon request. Many people ask for it, and keep it where it opens without a company login. The agreement you remember isn't the one that counts. The one you signed is. Send this to someone who just got the email.
Watch · 0:40
Over 40? The review clocks
The federal 21, 45 and 7 day periods for agreements that release age claims, and why many people compare the signing screen with the version they read.
Common questions
What is a decisional unit?
The group of employees from which the employer chose who would be offered the program, such as a department, a facility or a job category.
Does the information decide whether the waiver is valid?
Not by itself. It lets you see the pattern of who was selected. Whether a waiver is valid is a legal question for a lawyer.
Not legal advice
This article explains how California and federal rules generally work. It does not tell you what to do in your situation, and reading it does not create an attorney-client relationship. Every example on this site is a fictional story. For advice, seefree and low-cost help in California.