News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Americans with Disabilities Act (ADA) Employer Group Health Plans

Cozen O'Connor

Employment Law Now VI-121 - Top 5 Fall Things You Need To Know

Cozen O'Connor on

Today's new episode looks at the five developments you need to know now, including the new proposed independent contractor rule, the EEOC's new required poster, NLRB efforts to monitor your monitoring, salary transparency...more

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

Mintz - Employment Viewpoints

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

Nelson Mullins Riley & Scarborough LLP

Utilizing Wellness Programs to Incentivize COVID-19 Vaccinations

Delta Airlines made headlines this month by announcing that it will charge employees on its group health plan a $200 surcharge for failure to receive the COVID-19 vaccination. Although there is potential for conflict with a...more

Parker Poe Adams & Bernstein LLP

Can Employers Charge Higher Group Medical Insurance Premiums for Unvaccinated Employees?

As many companies continue to struggle with low employee COVID-19 vaccination rates, some employers are evaluating imposing higher premiums for unvaccinated employees under their group medical plans. These employers see this...more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Parker Poe Adams & Bernstein LLP

Can We Charge Higher Health Insurance Premiums for Unvaccinated Employees?

Last week, a client asked a timely and interesting question. The employer asked whether it can begin charging higher group health insurance premiums to employees who have declined the COVID-19 vaccination....more

Clark Hill PLC

EEOC Releases Wellness Program Guidance

Clark Hill PLC on

The EEOC recently released proposed regulations about wellness programs. Key takeaways include a program safe harbor and when only de minimum benefits can be provided. Additionally, the guidance provides insights into the...more

Snell & Wilmer

Wellness Program Incentives – New Year, New EEOC Proposed Rules

Snell & Wilmer on

For years we have been trying to understand how the EEOC regulates wellness programs. Although we still do not have a complete picture, we are getting closer with the EEOC’s new Notices of Proposed Rulemaking on wellness...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

Davis Wright Tremaine LLP

Proposed EEOC Regulations Prohibit Offering More Than De Minimis Incentives for Participating in Most Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) proposed new rules regarding how employers can provide incentives to employees to participate in wellness programs without violating the law. The key is...more

McDermott Will & Emery

EEOC Proposes New Rules on Wellness Programs

McDermott Will & Emery on

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these...more

Proskauer - Employee Benefits & Executive...

EEOC Proposed Wellness Regulation Restricts Incentives For Voluntary Programs But Offers Path For Programs That Satisfy ACA...

On January 7th, the EEOC released proposed new regulations under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) for employer-offered wellness programs. (As of January 15,...more

Seyfarth Shaw LLP

EEOC Wellness Rules Proposed, Water Bottle Enthusiasts Rejoice

Seyfarth Shaw LLP on

Synopsis: For years, employers have struggled to understand what level of incentives in wellness programs might be considered “voluntary” under the Americans with Disabilities Act (ADA). ...more

Constangy, Brooks, Smith & Prophete, LLP

What's In Those Proposed Wellness Regs?

Some Q and A. Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information...more

K&L Gates LLP

Well Done? EEOC's New Proposed Rules Would Limit Employer Wellness Programs to De Minimis Incentives—with Significant Exceptions

K&L Gates LLP on

INTRODUCTION - On 7 January 2021, the U.S. Equal Employment Opportunity Commission (EEOC) proposed two new rules designed to clarify the scope of incentives that employers may offer employees as part of a wellness program...more

Epstein Becker & Green

#WorkforceWednesday: 2020 in Review and What's to Come in 2021

It's our first #WorkforceWednesday of 2021! The past year tested our resilience, and COVID-19 forced everyone to think creatively and adapt quickly. Nowhere was that seen more clearly than in the workplace. Workplace Safety...more

Fisher Phillips

Limbo No More? EEOC May Soon Publish New Wellness Program Rules

Fisher Phillips on

Pushing its deadline back for the second time, the Equal Employment Opportunity Commission (EEOC) recently announced that it plans to issue amended regulations related to incentivizing participation in employer-sponsored...more

Williams Mullen

PODCAST: Wellness Program Compliance Update

Williams Mullen on

In this episode of Williams Mullen's Benefits Companion, Brydon DeWitt and Claire Pollock discuss what employers need to know about the current status of EEOC wellness program regulations. [Speaker: Claire Pollock]...more

Spilman Thomas & Battle, PLLC

Back at Square One: The Questionable Status of Employer Wellness Plans

Sponsored wellness plans that include incentives to employees who voluntarily disclose personal health information as part of disability-related inquiries or medical examinations are in legal limbo after the EEOC removed the...more

Seyfarth Shaw LLP

Driving Blindfolded: EEOC Withdraws Guidance On Wellness Programs

Seyfarth Shaw LLP on

Seyfarth Synopsis: Effective January 1, 2019, the EEOC withdrew its prior guidance on the level of incentives employers may offer their employees to convince those workers to participate in employer-sponsored wellness...more

Jackson Lewis P.C.

Wellness Programs Continue To Face Compliance Challenges

Jackson Lewis P.C. on

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

Poyner Spruill LLP

Wellness Programs - An Update in Evolving Compliance

Poyner Spruill LLP on

Defining “wellness” for any one person is no simple task and neither is deciphering a given wellness program’s compliance under the law. In 2016, when the Equal Employment Opportunity Commission (EEOC) released its final...more

Seyfarth Shaw LLP

Take Note: EEOC Vacates the Incentive Sections of its Final Wellness Regulations

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC has withdrawn the incentive provisions in its ADA and GINA wellness program regulations. The remaining provisions have less bite as a consequence, especially in the ADA context. But HIPAA wellness...more

Polsinelli

Employers: Be Mindful When Implementing Wellness Programs

Polsinelli on

In October 2016, the American Association of Retired Persons (AARP) sought an injunction against the implementation of the Equal Employment Opportunity Commission’s (EEOC) final rules on wellness programs, alleging that the...more

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