Employer Mandates Americans with Disabilities Act

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
News & Analysis as of

EEOC Issues Proposed Rule on Employee Wellness Programs and ADA Compliance

On April 20, 2015, the Equal Employment Opportunity Commission (EEOC) officially published a Notice of Proposed Rulemaking (NPRM) providing guidance to employers as to how they can craft and implement employee wellness...more

EEOC Issues Proposed Wellness Program Regulations Under ADA

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (proposed regulations) amending the existing regulations under Title I of the Americans with Disabilities Act (ADA)....more

EEOC Proposes Wellness Program Regulations

The Equal Employment Opportunity Commission (EEOC) has proposed much-anticipated regulations regarding the use of employee health program under the Americans with Disabilities Act (ADA). The regulations are an attempt to...more

“Reporting for Duty”: Employers May Face Extended Obligations to Reemploy Veterans with Post-Traumatic Stress Disorder under...

The Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”), 38 U.S.C. §§ 4301–4335, not only prohibits discrimination against employees and potential employees based on their military service, it also...more

ACA Countdown to Compliance - 52 Week Series For Employers

In this volume, we have collected the 52 weekly blog posts that comprise the series entitled, The Affordable Care Act—Countdown to Compliance for Employers. The series appeared in the Mintz Levin Employment Matters Blog...more

Want to Drastically Improve Your FMLA and ADA Expertise? Attend These Can't Miss FMLA/ADA Compliance Conferences

Throughout the year, HR professionals and attorneys ask me for my recommendations on the very best conferences to learn more about the FMLA and ADA. The “best,” of course, is in the eye of the beholder. In my humble...more

2015 Virginia Employment Law Pocket Guide

In this Guide: - Employment At-Will - Right to Work - Employment of Children - Restrictive Covenants in Employment Contracts - Virginia Human Rights Act - Virginians with Disabilities...more

Quirky Question #249, Rebirth of Pregnancy Discrimination?

Question: I work in Human Resources at a mid-size Minnesota company and am working on an HR resource related to workplace accommodations. I am relatively familiar with the Americans with Disabilities Act, but am...more

ACA Liabilities: Workplace Wellness Programs in Crosshairs of EEOC

Employers implementing new voluntary workplace wellness programs that are otherwise compliant with regulations under the Affordable Care Act (ACA) are nevertheless finding themselves in the crosshairs of the Equal Employment...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 4: EEOC v. Honeywell and the Future of Wellness Programs

While my entries have focused principally on the employer shared responsibility rules of the Affordable Care Act (ACA), every once in a while an item comes along that nevertheless grabs my attention. The treatment of wellness...more

Employer’s Accommodation Is Enough

A Dairy Queen appropriately accommodated an employee’s legal blindness, even though it imposed the accommodation unilaterally. In Bunn v. Khoury Enterprises, Inc., No. 13-2292 (7th Cir. May 28, 2014), the employer determined...more

Managing Employee Medical Leave: How Much Leave Is Reasonable?

To date, there are few bright line rules to guide employers in determining how much leave is reasonable under the Americans with Disabilities Act (ADA). Further, employers sometimes mistakenly assume that if an employee has...more

EEOC Invites Public to Comment on Regulations Aimed at Clarifying what it Means to be a “Model Employer” of Individuals with...

The EEOC recently invited public input on potential revisions to the regulations implementing Section 501 of the Rehabilitation Act, which governs the federal government’s employment of individuals with disabilities....more

Advances in technology require another look at telecommuting as a reasonable accommodation

The Sixth Circuit Court of Appeals revived an Americans with Disabilities Act (ADA) suit brought on behalf of an ex-Ford Motor Company worker, showing that courts are warming to telecommuting as an ADA accommodation. As a...more

Are Employers Required to Accommodate Theft under the ADA?

Reasonable accommodation of employee misconduct is not a new issue. But an unusual twist in a recent court ruling may require employers to accommodate employee theft under the Americans with Disabilities Act (ADA)....more

Can Telecommuting Be A Reasonable Accommodation Under The ADA?

Last month, in EEOC v. Ford Motor Company, the Sixth Circuit Court of Appeals (covering Tennessee, Kentucky, Ohio, and Michigan) held for the first time that employers may be required to permit employees to telecommute as a...more

Another Judge Finds that Obesity May be a “Disability” Under the ADA

Yet another federal court judge, the Honorable Stephen N. Limbaugh, Jr. of the Eastern District of Missouri, recently ruled, in Whittaker v. America’s Car-Mart, Inc., that an employee’s severe obesity could constitute a...more

New Decision Highlights Courts' Growing Acceptance of Telecommuting as ADA Accommodation

When the Americans with Disabilities Act became law in the early 1990s, employers and federal courts were confronted with claims by disabled employees that telecommuting should be recognized as a required form of reasonable...more

Telecommuting & the Modern Workplace Under the ADA: Sixth Circuit Redefines Workplace and Expands Reasonable Accommodation...

In the context of the Americans with Disabilities Act (ADA), the workplace and an employer’s brick-and-mortar location are no longer synonymous. Although courts vary with respect to telecommuting as a reasonable accommodation...more

EEOC Wins Summary Judgment in American Tool & Mold Disability Case

Court Rules Plastic Mold Maker Unlawfully Used Results of Post-Offer Medical Exam, Falsely Regarding New Hire With Old Back Injury as Disabled - TAMPA, Fla. - In an order issued late Wednesday afternoon, a federal...more

Take 5 Newsletter: Five Hot Topics in Hospitality Law

ACA Final Regulations Provide Rules for Seasonal Employees - On February 10, 2014, the Internal Revenue Service ("IRS") promulgated final regulations for the ACA's employer "shared responsibility provisions" in IRS...more

Release of New Disability and Veterans Regulations Appears Imminent

The Office of Federal Contract Compliance Programs (OFCCP) has extended the projected date for the release of final rules regarding federal contractors’ affirmative action and nondiscrimination obligations for individuals...more

Act Now Advisory: EEOC's Disabilities Guidance Updates Coincides with the APA's Manual of Mental Disorders Update and the AMA's...

On May 15, 2013, the Equal Employment Opportunity Commission ("EEOC") updated its prior guidance regarding cancer, diabetes, epilepsy, and intellectual disabilities, so as to clarify employers' obligations under the Americans...more

Employer Mandated Wellness Initiatives. The Continuum from Voluntary to Mandatory Plans

A year after Littler first examined how far an employer can go toward mandating wellness in the workplace, this 2008 Littler Report examines where we are a year later. As the leading source of medical insurance,...more

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