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Civil Rights Labor & Employment Health

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Court Tackles EEOC’s Wellness Program Regulations

by Nexsen Pruet, PLLC on

Wellness programs have been on a pendulum over the past decade, swinging back and forth from “yes you can” to “no you can’t.” However, since the Patient Protection and Affordable Care Act guidance specifically authorizing,...more

California Countdown: Which Labor & Employment Bills Will the Governor Sign?

by Littler on

September 15 was the last day in 2017 for bills to pass both houses of the California Legislature and be forwarded to the governor. Governor Jerry Brown (D) has until October 15, 2017 to sign, veto, or otherwise not act upon...more

Blocked Shot? Employer Runs into Religious Issues with Mandatory Flu Vaccines

If you require your employees to get a flu shot, what do you do with the ones who refuse on religious grounds? As with so much in employment law, it depends. In Equal Employment Opportunity Commission v. Mission Hospital, a...more

Are You In Compliance With The Notice Requirements of the Nondiscrimination Rules?

Section 1557 of the Affordable Care Act prohibits discrimination on the basis of race, color, national origin, sex, age, or disability in certain health programs or activities. Covered Entities that receive Federal financial...more

Faulty Issues With No Fault Attendance Policies

by Baker Ober Health Law on

Many of our clients have no fault attendance policies by which the employees are assessed a point or half of a point for each tardy, absence or for leaving their shift early. Once the employee meets the required number of...more

EEOC Challenges Physician Pay Practices of Texas County Health Department

On August 31, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) in Dallas filed a federal lawsuit in the Eastern District of Texas, Sherman Division, against Denton County, Texas, alleging violations of the Equal...more

Wellness Incentives Under Scrutiny After District Court Decision

by Snell & Wilmer on

In the most recent updates to the AARP v. EEOC wellness case (AARP v. EEOC, D.D.C., No. 1:16-cv-02113), the District Court for the District of Columbia has ordered the Equal Employment Opportunity Commission (“EEOC”) to...more

Workplace Wellness Program Incentives Under Fire - Again

by Pierce Atwood LLP on

For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor...more

EEOC’s Wellness Program Rules in Doubt

by Pepper Hamilton LLP on

Q.  Are the EEOC’s Wellness Program rules still valid? A.  The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more

Back To The Drawing Board? Court Tells EEOC To Reconsider Wellness Program Rules

by Fisher Phillips on

A federal court in the District of Columbia recently told the Equal Employment Opportunity Commission (EEOC) to reconsider two of its recent regulations surrounding incentivizing participation in employer-sponsored wellness...more

Court Directs EEOC to Reconsider Wellness Rules, Leaves Current Rules in Effect

by Seyfarth Shaw LLP on

On Tuesday, August 22, the US District Court for the District of Columbia ordered the EEOC to revisit its controversial rules placing certain limits on employer-sponsored wellness programs under the Americans with...more

Well, Well, Wellness: DC Court Strikes Down EEOC Rules on Corporate Wellness Programs

When is a financial incentive in an employee-sponsored wellness program so high that employees can’t afford not to participate—rendering the program no longer voluntary? Well (pun intended), the District Court for the...more

EEOC Ordered to Reconsider What “Voluntary” Means for its Wellness Program Guidance

by Hinshaw & Culbertson LLP on

The long-running efforts of the Equal Employment Opportunity Commission to provide guidance on what constitutes a “voluntary” wellness program were called into question by the U.S. District Court for the District of Columbia,...more

Judge Orders EEOC to Reevaluate Wellness Program Regulations

by Ballard Spahr LLP on

A federal judge ruled on Tuesday that the Equal Employment Opportunity Commission (EEOC) must revisit regulations governing employee wellness programs because the agency did not provide adequate supporting information for the...more

EEOC Must Reconsider its Wellness Regulations

by Littler on

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Court Throws Monkey Wrench Into Wellness Programs

The U.S. District Court for the District of Columbia has ordered the EEOC to reconsider its final regulations on the extent to which an employer may offer incentives to participate in a wellness program without violating the...more

Transgender Benefits Revisited?

by Snell & Wilmer on

In a series of tweets published on July 26, 2017, President Trump announced a ban on transgender service in the armed forces. In the wake of this reversal of government policy, employers may question the current state of...more

Healthcare Industry Sees Increase In Age Discrimination Claims

by Fisher Phillips on

Lawyers and medical professionals have noticed a recent uptick in age discrimination claims in the healthcare industry. What is causing this increase? Is it simply a statistical fluke, or are there specific reasons the...more

Second Circuit Sets False Claims Act Pleading Standard For Claim Information

by Farrell Fritz, P.C. on

Last week, the Second Circuit held that a False Claims Act relator does not have to plead details of specific alleged false billings or invoices to the government, as long as he can allege facts leading to a strong inference...more

Ninth Circuit Relies on Escobar to Revive False Claims Act Suit Against Pharmaceutical Manufacturer

On July 7, 2017, the U.S. Court of Appeals for the Ninth Circuit reversed a federal district court’s dismissal of a False Claims Act (FCA) whistleblower suit in United States ex rel. Campie v. Gilead Sciences, explaining that...more

Texas Supreme Court Disputes Reach of Obergefell in Employee Benefits Case

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Texas Supreme Court held that the U.S. Supreme Court’s landmark marriage equality decision, Obergefell v. Hodges, did not dispositively address how far government employers must go in providing benefits...more

Third Circuit Recognizes Escobar “Heightened Materiality Standard” in Dismissal of False Claims Act Case Tied to Avastin

In May 2017, the U.S. Court of Appeals for the Third Circuit relied on the “heightened materiality standard” endorsed by the U.S. Supreme Court in its 2016 Escobar decision in dismissing a False Claims Act (FCA) whistleblower...more

Employment Law - June 2017 #2

Class Certification Denial Reversed in Wake of Augustus - Why it matters - Applying the California Supreme Court’s recent decision in Augustus v. ABM Security Services, a California appellate panel reversed a trial...more

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Genetic discrimination lawsuits can result in substantial costs. California employers should regularly review their hiring and employment policies and procedures to ensure that they are not exposing...more

Golden State Worriers: California Labor & Employment Bills to Watch

by Littler on

When it comes to legislation, for California employers it's the final countdown. June 2 was the last day for bills to pass out of their house of origin. September 15 is the deadline for these bills to pass both legislative...more

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