Civil Rights Privacy

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Senn on 10 Best Practices in a Cross-Border Investigation – Part II

Today I conclude a two-part series on how to formulate an effective best practices cross-border investigation based upon an interview I did with Mara Senn, a partner at Arnold & Porter LLP, who specializes in white collar...more

EEOC Issues Proposed Regulations on Employee Wellness Programs

In the past year, the U.S. Equal Employment Opportunity Commission (EEOC) has filed lawsuits against certain employers challenging the legality of their “wellness programs.” Wellness programs provide incentives to employees...more

Five Employment, Labor, and Workforce Management Concerns Impacting Retailers

Retailers will be busy this summer attempting to conform their policies and procedures to various local, state, and federal laws, such as the spate of state and city sick leave laws, and analyzing proposed amendments by the...more

N.D. Cal. Judge Puts a Check on Plaintiff’s Novel LinkedIn Background Check Theory Under FCRA

The federal Fair Credit Reporting Act (FCRA) has recently spawned an unprecedented number of class action complaints against employers for allegedly failing to comply with FCRA’s hyper-technical disclosure and consent...more

DOL Issues New FMLA Forms

The Department of Labor has finally issued new FMLA forms. These forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385, and WH-385V) may be accessed from the DOL’s website. The prior FMLA forms expired well before the new...more

Connecticut Restricts Employer Access to Personal Social Media, E-mail and Online Retail Accounts of Employees and Applicants

On May 19, 2015, Connecticut Governor Dannel P. Malloy signed into law a new statute restricting an employer’s ability to gain access to social media, e-mail and other personal online accounts of employees and job...more

A Year in Review: Key HIPAA Settlement Agreements by HHS’s Office for Civil Rights

The U.S. Department of Health and Human Services Office for Civil Rights had another busy year in 2014. More resolution agreements were signed by HHS and Covered Entities than in the previous year, and several Covered...more

NYC Jumps on Band Wagon Limiting Employer Use of Credit History in Making Employment Decisions

One of the earliest U.S. privacy laws applicable to private entities was the Fair Credit Reporting Act (FCRA), enacted in 1970. The FCRA placed substantial requirements on the use of background checks and credit information...more

EEOC Proposes Regulatory Clarification on the Application of the ADA to Employer Wellness Program Incentives

Action Item: Employers who already have, or are considering implementing, wellness programs that involve cost-sharing reductions or other financial incentives for participants should carefully review their programs given the...more

Second Circuit Rules PATRIOT Act Does Not Authorize Government's Bulk Telephone Metadata Collection Program

In yet another reminder of the importance of maintaining the privacy of personal information, the Second Circuit Court of Appeals, in ACLU v. Clapper, issued a unanimous decision striking down the National Security Agency’s...more

EEOC Issues Proposed Rule Addressing Employer Wellness Programs and the ADA

On April 20, 2015, the Equal Employment Opportunity Commission (“EEOC”) issued a proposed rule to amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (“ADA”) as it...more

Compensation and Benefits Insights – April 2015

On April 20, 2015, the U.S. Equal Employment Opportunity Commission ("EEOC") published proposed regulations addressing how employers can implement wellness programs that comply with the Americans with Disabilities Act...more

EEOC Proposes Rules Related to Employee Wellness Programs

Since the passage of the Affordable Care Act ("ACA"), and in an age of overall rising healthcare costs, many employers are instituting more robust wellness programs in order to reduce their health insurance costs. In these...more

Employment Law Reporter – May 2015

EEOC Issues Notice of Proposed Rulemaking on Employer Wellness Programs — Some Employers Don’t Feel So Good As a Result. On April 20, 2015, just in time for the summer fitness fads and weight loss challenges, the Equal...more

Pharmacy Settles HIPAA Investigation for $125,000

On April 22, 2015, the Office for Civil Rights (OCR) entered into its first HIPAA violation settlement in 2015. The settlement requires Cornell Prescription Pharmacy, a small pharmacy located in the Denver area to pay the OCR...more

EEOC Proposed Regulations May Require Revisions to Your Tobacco Prevention Wellness Program

In our April 21 blog, Wellness Programs: Agencies Issue Helpful Guidance but Look Before You Leap, Nancy Campbell wrote about the release of the much-anticipated EEOC proposed regulations concerning wellness programs. In her...more

EEOC’S Proposed Wellness Program Regulations Offer Guidance on Confidentiality of Employee Medical Information

On April 20, 2015, the U.S. Equal Employment Opportunity Commission (EEOC) published a much-anticipated proposed rule that seeks to amend the EEOC’s prior regulations with respect to employer “wellness programs” and address...more

Wellness Programs and the EEOC, Part Two

Tuesday’s post discussed recent Equal Employment Opportunity Commission (“EEOC”) litigation concerning employer-sponsored wellness programs. Today’s discussion turns toward further guidance recently issued by the EEOC to...more

Wellness Programs and the EEOC, Part One

On May 29, 2013, the U.S. Department of Labor, the U.S. Department of the Treasury, and the U.S. Department for Health and Human Services finalized rules regarding wellness programs offered in conjunction with group health...more

EEOC Weighs in on Employer Wellness Programs

Employer-sponsored “wellness programs” have become very popular, and are touted for the potential benefits to employees and employers alike: reduced absenteeism, lowered health care costs, reduced injuries, improved morale...more

Take Care in Using Consumer Data to Drive Dynamic Pricing of E-Commerce

Dynamic pricing is the practice of offering different prices to consumers based on various factors designed to maximize sales and profits, which may include the retailer’s perception of the willingness of a particular...more

Five Ways the EEOC Proposed Wellness Regulations Would Change Workplace Health Initiatives

The Americans with Disabilities Act (ADA) generally prohibits employers from requiring current employees to submit to medical examinations or medical inquiries unless the exam or inquiry is “job-related and consistent with...more

New Guidance On Wellness Programs

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued proposed new rules clarifying its stance on the interplay between the Americans with Disabilities Act (ADA) and employer wellness programs. Officially...more

EEOC Issues Proposed Regulations On Wellness Programs

Last week, the U.S. Equal Employment Opportunity Commission (EEOC) officially published proposed regulations that provide employers guidance on implementing wellness programs that comply with the Americans with Disabilities...more

EEOC Proposes Rules for Employer Wellness Programs

In response to the increasing cost of providing group health coverage, employers have begun encouraging their employees to participate in wellness programs with the goal of improving overall employee health and reducing...more

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