Opinion
No. 15-2181
02-12-2016
Victor R. Ziegler, Sr. Plaintiff - Appellant v. Sally Jewell, Secretary Department of the Interior Defendant - Appellee
Appeal from United States District Court for the District of South Dakota - Sioux Falls [Unpublished] Before LOKEN, MURPHY, and BYE, Circuit Judges. PER CURIAM.
Victor R. Ziegler, Sr., appeals the district court's order, following a bench trial, finding that the Department of Interior met its burden of proving that its settlement agreement with Ziegler was obtained in compliance with the applicable provisions of the Older Workers Benefit Protection Act (OWBPA). Having reviewed the district court's legal conclusions de novo, and its factual findings for clear error, see Stonebridge Collection, Inc. v. Carmichael, 791 F.3d 811, 817 (8th Cir. 2015), we agree that the evidence showed Ziegler's waiver of his claims under the Age Discrimination in Employment Act was knowing and voluntary, and thus valid, as the settlement agreement, at a minimum, met the applicable requirements under 29 U.S.C.§ 626(f), see Parsons v. Pioneer Seed Hi-Bred Int'l, Inc., 447 F.3d 1102, 1104 (8th Cir. 2006) (discussing protections under OWBPA). The judgment of the district court is affirmed. See 8th Cir. R. 47B.
The Honorable Lawrence L. Piersol, United States District Judge for the District of South Dakota. --------