News & Analysis as of

Americans with Disabilities Act Wellness Programs

The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation,... more +
The Americans with Disabilities Act is a United States federal statute enacted in 1990 to prevent discrimination against individuals with disabilities in employment, public accomodation, transportation, communications and governmental activities. The Act defines a covered disability as those mental or physical impairments that substantially interfere with one or more major life activities.  Five different federal agencies are responsible for enforcing the ADA: Department of Labor, Department of Justice, Federal Communications Commission, Department of Transportation and the Equal Employment Opportunity Commission.  less -

Wearables And Wellness: Considerations For Connected Employers

Wearable devices such as smart watches and fitness trackers have become increasingly popular as the technology matures and the devices become more affordable. Many forward-thinking employers, with an eye towards controlling...more

HR 1313 and the Future of Employee Wellness Programs

by Fisher Phillips on

On March 8, the House’s Education and Workforce Committee passed a bill, HR 1313 – Preserving Employee Wellness Programs Act. The bill, which was introduced by U.S. Rep. Virginia Foxx in order to “reaffirm existing law to...more

Employment Law - April 2017 #2

NLRB Affirms New Standard on Employee Email Use - Why it matters - A divided National Labor Relations Board (NLRB) affirmed that if an employer provides employees with access to the email system, then employee use of email...more

EEOC and Orion Energy Systems, Inc. Settle Wellness Case

by Jackson Lewis P.C. on

On April 5, 2017 the Equal Employment Opportunity Commission (EEOC) announced that it had reached a settlement with Orion Energy Systems, Inc. (Orion) relating to the EEOC’s claims that Orion’s wellness program violated the...more

March Flabness: Wellness Programs, the ADA, and the Rising Costs of Employer-Provided Health Coverage

March Madness presents one of those occasions where your employees’ diets and exercise may fall by the wayside, and by the wayside, we mean potentially off a cliff. And when this happens, your workforce is increasing not just...more

Getting Fit at Work: The Ongoing Battle Over Employer-Sponsored Wellness Programs

by Miles & Stockbridge P.C. on

The History of Employer-Sponsored Wellness Programs - With the Affordable Care Act’s explicit encouragement, it is no surprise that employer-sponsored wellness programs have been on the rise. However, they have come up...more

House Bill Would Allow Employers to Require and Access Genetic Testing Results

House bill HR 1313, introduced by Representative Virginia Foxx (R.N.C.), proposes to allow companies to require employees to undergo genetic testing, then allow employers to see the results, and impose financial penalties on...more

[Events] Thompson Coburn's Annual Labor, Employment, and Benefits Law Seminar - April 6th, St. Louis, MO

by Thompson Coburn LLP on

Navigating human resources issues in the workplace can often feel like being launched into space at hyperspeed without a co-pilot. To gain insights on the full galaxy of employment and benefits laws, touch down and connect...more

House Legislation Seeks to Harmonize Wellness Programs with ADA and GINA

by Jackson Lewis P.C. on

On March 2, 2017, in an attempt to clear the murky waters surrounding wellness programs, Rep. Virginia Foxx, chairwoman of the House Committee on Education and the Workforce, introduced the Preserving Employee Wellness...more

EEOC Asks Court To Throw Out Wellness Lawsuit Filed By AARP

I’ve written about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and...more

Annual Report on EEOC Developments – Fiscal Year 2016

by Littler on

This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Seventh Circuit Dismissal Signals Likely End to EEOC's Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more

Seventh Circuit Dismissal Signals Likely End to EEOC’s Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more

Recent Court Decision on Wellness Programs Creates More Uncertainty

by Saul Ewing LLP on

On January 25, 2017, the U. S. Court of Appeals for the Seventh Circuit issued a decision in the case of Equal Employment Opportunity Commission v. Flambeau, Inc. In Flambeau, the EEOC claimed the employer’s wellness program...more

The ERISA Litigation Newsletter - January 2017

by Proskauer Rose LLP on

Editor’s Overview - In 2016, we saw a considerable uptick in the number and variety of excessive fee lawsuits commenced against plan fiduciaries of defined contribution plans. We begin the year by taking a look at these...more

Is EEOC Regulation of Wellness Plans Legal? — Seventh Circuit Declines to Say Yes

by Seyfarth Shaw LLP on

The Seventh Circuit has stymied an EEOC attempt to declare that employer wellness plans violate the Americans with Disabilities Act (“ADA”). The court decided that the issues raised by the suit are moot, and deferred to...more

EEOC v. Flambeau, Judicial Restraint, and the (Uncertain) Future of Employer-Sponsored Wellness Programs

On January 25, the Seventh Circuit Court of Appeals issued it much-anticipated decision in EEOC v. Flambeau, Inc. This case involved the regulation of employer-sponsored wellness plans and programs. Since 2006, the rules...more

Wellness Benefits Case Arising Before the 2016 ADA Regulations Is Dismissed

The debate on the interaction between wellness programs, the ADA prohibition on involuntary medical exams and the ADA safe harbor relating to employee benefit plans will not be clarified. Last week, the U.S. Court of Appeals...more

Wellness Program - Key Concerns for Evolving Compliance

by Poyner Spruill LLP on

Wellness programs are an increasingly popular way for employers to encourage their workforce to pursue a healthier lifestyle. Partly because of their rising popularity, various rules have developed in recent years to ensure...more

Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan

by Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...more

Seventh Circuit Delivers Blow to EEOC Wellness Program Challenge, But Avoids Ruling on ADA Safe Harbor

by Jackson Lewis P.C. on

On January 25, 2017, in Equal Employment Opportunity Commission v. Flambeau, Inc., the Seventh Circuit rejected an EEOC challenge to an employer wellness program. The circuit court had the opportunity to address whether an...more

Key Legal Issues Business Leaders and In-House Counsel Need to Know for 2017

by Arnall Golden Gregory LLP on

1. With Wage and Hour Rules in Flux, Employers Need to Remain Vigilant - Expanding wage and hour obligations will continue to be a top concern for employers in 2017. As most employers are aware, in May 2016, the United...more

Health Care Reform in Transition While Congress Deliberates

by Ballard Spahr LLP on

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

AARP Suffers a Setback in its Challenge to the EEOC’s Wellness Regulations

by Jackson Lewis P.C. on

As previously discussed, AARP has filed suit against the EEOC and challenged the agency’s wellness regulations.See...more

EEOC issues guidance on new wellness notice mandated for 2017

by Thompson Coburn LLP on

Effective as of the first day of the plan year that began on January 1, 2017, or after, employers maintaining wellness programs that collect employee health information must satisfy a new notice requirement. The EEOC has...more

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