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Court Rules Disparate Impact Claims Cannot Be Made Under Fair Housing Act

Earlier this week, a federal district court judge struck down a regulation issued by the U.S. Department of Housing and Urban Development (HUD), which would have allowed for claims of housing discrimination to be based on...more

Insurance Trades Challenge HUD Disparate Impact Rule

On June 26, two insurance associations filed a lawsuit challenging a rule promulgated earlier this year by HUD that authorizes so-called “disparate impact” or “effects test” claims under the Fair Housing Act....more

DOES AUTHORITY EXIST FOR CRIMINAL PROSECUTION FOR VIOLATIONS OF BAIL LICENSING LAWS WITHOUT CERTIFICATION OF CRIMES BY THE...

California attorney Joseph Cavallo was convicted of violating Title 10, CCR section 2071, "recommendation of attorney by bail licensee". The authority to prosecute violations of the bail licensing regulations lies with the...more

Fair Housing Group Accuses Insurance Company Of Redlining

On December 21, the National Fair Housing Alliance (NFHA) announced that it filed with HUD a housing discrimination complaint against a major insurance company regarding the offering of hazard insurance in a certain...more

Proposed Regulations Would Promote Growth of Wellness Programs

Five federal agencies have collectively proposed regulations to implement elements of the Affordable Care Act ("ACA") healthcare reform legislation designed to encourage employers to sponsor employee wellness programs. The...more

Schnader Harrison Segal & Lewis LLP Presents Your 13 Labor & Employment Resolutions for 2013

The world did not end last week, and so it is that time again to reflect on the year behind us and to consider what is on the horizon for the upcoming year. What resolutions will we make for 2013? Will we train for an Iron...more

A New Year Brings New Compliance Obligations for Employers

As 2012 winds to a close, a look back at legal developments demonstrates that state legislatures were busy all year long. Every year, employers are inundated with new employment laws and regulations that impose new compliance...more

Proposed Regulations Address Discrimination in Wellness Programs

The Departments of Treasury, Labor, and Health and Human Services have issued a revised set of proposed regulations for nondiscrimination in wellness programs. The regulations prohibit a wellness program offered as part of a...more

A Guide to Employee Benefits Administration and Leaves of Absence

Laws Providing Leaves of Absence - Family and Medical Leave Act (FMLA) - The FMLA, as relevant here, requires covered employers to provide eligible employees up to 12 weeks of unpaid leave due to a serious...more

How to Build a Healthy Workforce

There are risks and benefits to workplace wellness programs. Are employers who eliminate junk food from the break room, offer classes on how to quit smoking, and dispense free flu shots doing enough to combat rising...more

New California Law Requires Insurer Reports on Use of Minority-, Women-, and Disabled Veteran-Owned Businesses

California Governor Jerry Brown has signed Assembly Bill 53 expanding insurers' reporting requirements. Existing law already requires each admitted insurer to provide information to the Insurance Commissioner on its community...more

Court Upholds Wellness Program

In one of the few cases that has considered the legality of an employer wellness program, the Eleventh Circuit Court of Appeals considered a challenge by an employee of Broward County, Florida to the county’s imposition of a...more

DOJ Announces New Barrier-Free Health Care Initiative Targeting Disability Discrimination

On July 26, 2012, the U.S. Department of Justice (DOJ) Civil Rights Division, in partnership with United States Attorneys’ offices nationwide, introduced the “Barrier-Free Health Care Initiative.” This initiative seeks to...more

Self-Compliance Tool for HIPAA and Other Health Care Related Provisions

The Department of Labor recently updated its self-compliance tool for plan sponsors and plan administrators of group health plans. The self-compliance tool contains questions relating to requirements on issues such as...more

Your Company’s Wellness Program Could Be In Violation Of GINA

Does Your Company’s Wellness Program Violate GINA? The Genetic Information Non-Discrimination Act (GINA) expressly prohibits covered employers and health plan sponsors from asking an employee to provide genetic...more

Employment Alert -- A Wave of New Changes to California Employment Laws for 2012

Governor Jerry Brown has approved numerous significant new laws affecting California employers. The following highlights some of these changes. New Mandatory Employee Notification Requirements (AB 469); California...more

Court Upholds Financial Penalties in Wellness Programs Under the ADA

A recent case decided in Florida, Seff v. Broward County, held that an employer-sponsored wellness program which imposed financial penalties on employees who refused to complete a health assessment did not violate the...more

Wellness Program Okay Under Americans With Disabilities Act

In our March 22nd client bulletin, we discussed the class action suit pending in the federal district court in Florida. Last week, the federal district court in Florida dismissed the class action lawsuit which alleged that an...more

The Latest On GINA

The new regulations issued by the EEOC under the Genetic Information Nondiscrimination Act of 2008 (GINA) became effective on January 10, 2011. The regulations make clear that the law protects applicants, current and former...more

OFCCP Affirmative Action Directive Gives New Guidance for Healthcare Providers and Insurers

The U.S. Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) recently issued a policy directive to "provide comprehensive guidance for assessing when health care providers and insurers are federal...more

Agencies Continue To Provide Health Care Reform Guidance for Health and Welfare Plans

On December 22, the Departments of Health & Human Services, Labor and the Treasury (the "Departments") issued Frequently Asked Questions regarding the Patient Protection and Affordable Care Act of 2010 (the "ACA"), including...more

Temporary Relief for Insured Group Health Plans

These group health plan rules continue to confuse and confound. As such, the IRS is delaying the application of the nondiscrimination rules. The nondiscrimination rules for insured group health plans are part of the Patient...more

Application Of Nondiscrimination Rules To group Health plans Deferred

In the past, there were no nondiscrimination rules that applied to employer-sponsored health coverage, outside of self-insured medical reimbursement plans. By “nondiscrimination,” this means that plans cannot be more...more

IRS Issues Guidance Delaying Enforcement of Nondiscrimination Rules for Insured Health Plans

On December 23, 2010, the IRS issued Notice 2011-1 regarding the application of the nondiscrimination rules under Internal Revenue Code (Code) section 105(h) to non-grandfathered insured group health plans pursuant to the...more

EEOC Issues Final Regulations for the Genetic Information Nondiscrimination Act of 2008

The Genetic Information Nondiscrimination Act (GINA) became law on May 21, 2008. Title II of GINA, which became effective on November 21, 2009, prohibits the use of genetic information in employment, restricts employers from...more

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