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Wellness Watch

According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part...more

Quirky Question #247, An Update on Wellness Programs

Question: Our company has been considering implementing financial incentives for employees to participate in biometric screening as part of an employee wellness program. Are there legal issues we should be...more

Birmingham Medical News: Are You Ready for the Upcoming HIPAA Compliance Audits?

Earlier this year, the U.S. Department of Health and Human Services Office of Civil Rights ("OCR") announced its plan for a number of audits regarding compliance with the Health Insurance Portability and Accountability Act of...more

Ebola: best practices for US employers – 6 questions to ask

The 2014 Ebola outbreak is the largest one of its type in history and the first in West Africa. A severe and often fatal disease in humans, Ebola symptoms include fever, headache, joint and muscle aches, weakness, diarrhea,...more

EEOC Attacks Another Wellness Program

EEOC Files Lawsuit and Motion for TRO and Injunction. Last week, the Equal Employment Opportunity Commission (EEOC) filed a lawsuit in the U.S. District Court of Minnesota to prevent Honeywell International Inc. (Honeywell)...more

Ebola: Key employment legal issues for multinational employers

As the number of Ebola cases hits the 10,000 mark, employers the world over are looking to put in place plans to prepare in the unlikely event that an employee becomes exposed to or ill with the virus. Is your business...more

Six Considerations For Employers Faced With The Ebola Virus Or Other Infectious Diseases

As the Ebola virus has spread to a second city in the United States, and with the potential for additional cities to be affected, many businesses are faced with the difficult task of determining how to properly handle their...more

Employers: How Prepared Are You for Ebola?

Rapidly changing circumstances raise workplace questions. The Ebola epidemic in 2014 has already been confirmed by the U.S. Centers for Disease Control (CDC) as the worst in history. The extent of this outbreak is...more

EEOC Lawsuits Shine a Spotlight on Wellness Programs

These days, many large employers have some form of wellness program, designed to help their employees address medical and lifestyle issues. Many employers reward employees who participate with discounts on insurance premiums...more

OCR Issues Guidance on Application of HIPAA Privacy Rule after Windsor

The U.S. Supreme Court's ruling that section 3 of the Defense of Marriage Act (DOMA) was unconstitutional in United States v. Windsor prompted many businesses to review and revise their employee benefit plans. However, the...more

Gubernatorial Writer's Cramp: 2014 California Employment Legislation Affecting Private Sector Employers

Does his hand hurt? Between signing and vetoing bills this year, California Governor Jerry Brown exercised his executive signature on the highest number of bills sent to a California governor since 2008. The California...more

OCR Issues Guidance Relating to Same-Sex Marriages

The Department of Health and Human Services' Office for Civil Rights recently published guidance to assist covered entities by explaining how the United States Supreme Court's decision regarding the Defense of Marriage Act...more

OCR Issues Guidance on HIPAA and Same-Sex Marriage

The U.S. Department of Health and Human Services (“HHS”) Office for Civil Rights (“OCR”) released guidance last Wednesday to help covered entities and business associates understand the privacy implications of the 2013...more

Privacy Tuesday – September 2014

Happy autumnal equinox Home Depot Breach – By the Numbers: - 56 million cards at risk (compare to Target = 40 million) - $62 million in estimated costs (compare to Target =$146 million and...more

Business Associate Agreement September 22 Deadline; Same Sex Marriage Guidance Released

There are two important updates with respect to the Health Insurance Portability and Accountability Act of 1996 (HIPAA). First, on September 17, 2014, the U.S. Department of Health and Human Services (HHS) issued guidance to...more

Employee Taking Protected HIPAA Information Not Protected Under ADEA

The Health Insurance Portability and Accountability Act (HIPAA) requires health care providers and other businesses to protect the confidentiality of certain patient information. Last month in an unpublished decision, the...more

Post on Personal Facebook Page May Violate the ADA

A recent federal court decision underscores the importance of ADA compliance and medical confidentiality. In this case, an employer could end up being liable because an employee posted confidential medical information...more

Allowing Ontario’s Privacy Tort To Develop In The Health Information Sphere — For Now

In the 1980’s the Supreme Court of Canada pre-emptively ended the development of a common law tort of discrimination. The case, Seneca College v. Bhadauria, stands out as one of the lost opportunities in the development of...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

New Wellness Program Rules for 2014

Employers continue to look for ways to manage the cost of employee health care coverage as they navigate the turbulent waters of healthcare reform, and wellness programs continue to be a popular strategy. However, adoption...more

Now for Everything Else: What Employers Still Need To Worry About Between Now And 2015

For the past several months (and, in many cases, years), most large employers have been preparing for the consequences of offering (or not offering) their workforce health coverage and complying with the complexities...more

The Employment Law Authority - July/August 2013

In This Issue: - Supreme Court Issues Two Key Title VII Rulings - Ogletree Deakins Launches New Fall Seminar - Are Your HIPAA Privacy Policies Up To Date - OFCCP Clarifies Damages For Victims Of Bias - The...more

Illinois Supreme Court to Decide Constitutional Challenge to Parental Notice of Abortion Act on Thursday

The Illinois Supreme Court has announced that on Thursday morning, it will hand down its decision in Hope Clinic for Women v. Adams. ...more

Final HIPAA Wellness Program Regulations Issued Under Affordable Care Act

On June 3, 2013, the United States Department of Labor, Department of Health and Human Services, Internal Revenue Service, Employee Benefits Security Administration and Department of the Treasury (collectively "the...more

The ERISA Litigation Newsletter - June 2013

Our articles this month focus on health care reform. First, Jim Napoli and Brian Neulander comment on the potential for litigation under the Affordable Care Act's (ACA's) whistleblower protections and ERISA Section 510 as a...more

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