For years, U.S. employers with international operations have struggled to understand their obligations under the Older Workers Benefit Protection Act (OWBPA) when implementing reductions-in-force and group layoffs. In a January 14, 2021, formal opinion letter, the Equal Employment Opportunity Commission (EEOC) clarified that non-U.S. citizen employees working abroad may be excluded from OWBPA disclosures because such individuals are not “employees” for purposes of the Age Discrimination in Employment Act of 1967 (ADEA). Significantly, this opinion letter may be relied upon by employers and constitutes binding legal authority in any proceedings brought against an employer.

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