News & Analysis as of

Americans with Disabilities Act (ADA) Patient Protection and Affordable Care Act (PPACA) Employee Benefits

Pillsbury - Policyholder Pulse blog

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to...more

Manatt, Phelps & Phillips, LLP

EEOC Proposes New Incentive Limits for Workplace Wellness Programs

The Equal Employment Opportunity Commission (EEOC) proposed two new regulations on January 7 applying the Americans with Disabilities Act of 1990 (ADA) and the Genetic Information Nondiscrimination Act of 2008 (GINA) to...more

Alston & Bird

2020 Health Benefits Year in Review

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While COVID-19 dominated the health benefits landscape, there were other important developments demanding attention. Our Employee Benefits & Executive Compensation Group details both pandemic-related issues, from testing to...more

Dentons

Growing Beyond 49 Employees - Compliance with Employment Laws

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When an employer experiences growth and is projected to employ 50 or more employees, an employer can and should enact policies and assess its practices for compliance with employment laws. Fifty employees is the triggering...more

Snell & Wilmer

2019 End of Year Plan Sponsor “To Do” List (Part 1) Health & Welfare

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As 2019 comes to an end, we are pleased to present our traditional End of Year Plan Sponsor “To Do” Lists. This year, we present our “To Do” Lists in four separate Employee Benefits Updates. This Part 1 covers year-end health...more

Jackson Lewis P.C.

Wellness Programs Continue To Face Compliance Challenges

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The rules for employer-sponsored wellness programs continue to be a moving target; most recently, regulations issued by the Equal Employment Opportunity Commission (“EEOC”) intending to address issues under the Americans with...more

Bass, Berry & Sims PLC

2018 ERISA Welfare Plan Checklist

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We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we...more

Foley & Lardner LLP

What Now for Wellness?

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If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s...more

Snell & Wilmer

Health Plans – A Pain to Administer But Appreciated by Employees

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Administering health plans is not the easiest task. Such plans are subject to an alphabet soup of laws, including but not limited to ERISA, the Internal Revenue Code, COBRA, HIPAA, GINA, Mental Health Parity, the ADA, the...more

Parker Poe Adams & Bernstein LLP

Federal Court Nixes EEOC's Wellness Rules But Delays Effective Date

In 2015, the Equal Employment Opportunity Commission adopted regulations that limit the amount of incentives employers can provide employees to participate in wellness programs under the companies’ group medical insurance...more

Alston & Bird

Lawsuits Are Focused on Wellness Program Compliance. Are You?

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Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

Pierce Atwood LLP

Workplace Wellness Program Incentives Under Fire - Again

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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

Troutman Pepper

EEOC’s Wellness Program Rules in Doubt

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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

Seyfarth Shaw LLP

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

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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

Haynsworth Sinkler Boyd, P.A.

Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% the employee cost for...more

Bradley Arant Boult Cummings LLP

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

Epstein Becker & Green

EEOC’s Wellness Program Incentive Regulations Rejected by the District Court

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On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more

Constangy, Brooks, Smith & Prophete, LLP

AARP’s Wellness Win Against The EEOC: The “Law Nerd” Version

(You’ve been warned.) As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not...more

Ballard Spahr LLP

Judge Orders EEOC to Reevaluate Wellness Program Regulations

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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

Littler

EEOC Must Reconsider its Wellness Regulations

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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

Ballard Spahr LLP

Health Care Reform in Transition While Congress Deliberates

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Changes are imminent for the Affordable Care Act and a range of other laws and regulations affecting the health care industry. Ballard Spahr attorneys established a Health Care Reform Initiative in 2008 to monitor and analyze...more

Littler

Workplace Policy Institute Insider Report - January 2017

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Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

Littler

Workplace Policy Institute Insider Report - December 2016

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Littler's WPI Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The December edition of the Insider Report discusses recent efforts to block...more

Proskauer Rose LLP

The ERISA Litigation Newsletter - November 2016

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This month we review a recent Second Circuit decision addressing ERISA plan status as a class member in a securities shareholder class action. As discussed in the article, the decision exposes a potential conflict among the...more

Littler

With the Election (Mercifully) Behind Us, What Will a Trump Administration Mean for Employers?

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The 2016 Presidential election was arguably the most contentious, unpredictable, and politically polarizing race in this nation's history. The contours of the electoral map changed by the hour in the days leading up to...more

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