In the midst of trying to keep straight all employer responsibilities, obligations, and pitfalls under the ADA and the FMLA, as well as a plethora of other federal and state laws, the EEOC's simultaneous filing and settlement...more
Founders Pavilion Violated Federal Law by Asking for Genetic Information From Applicants and Employees, Federal Agency Charges - NEW YORK - The Founders Pavilion, Inc., a Corning, N.Y., nursing and rehabilitation...more
On May 7, 2013, the U.S. Equal Employment Opportunity Commission ("EEOC") reached a milestone of sorts as it filed – and then settled – its first complaint ever alleging genetic discrimination under the Genetic Information...more
A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even...more
Panel of Experts Tells EEOC of Need to Clarify Interplay Between Programs, Anti-Discrimination Laws - WASHINGTON-Wellness programs are an increasingly common feature of employee benefits programs, and guidance is...more
If you just received a charge of discrimination from the Equal Employment Opportunity Commission ("EEOC"), you are not alone. During the EEOC's 2012 fiscal year, 99,412 charges of discrimination were filed. ...more
Traditional employment laws often interact with traditional employee benefit laws. One such example is the Americans with Disabilities Act (ADA)'s impact on employer-sponsored group health plans. As group health plan costs...more
Employers nationally continue to struggle with how to respond and adapt to the ever-changing landscape that is the Patient Protection and Affordable Care Act (often known as ObamaCare or the ACA). We at Spilman Thomas &...more
In an informative panel for the Ogletree Deakins Washington, D.C. Legislative and Regulatory Conference on February 21, 2013, Equal Employment Opportunity Commission (EEOC) Commissioners Chai Feldblum and Victoria Lipnic...more
Who does it apply to: In this edition, it varies according to the requirements of the particular law identified below. I am taking a short two-part break from my regular format to bring you the record keeping requirements...more
On November 20, 2012, the IRS, DOL and HHS jointly issued proposed regulations under the Affordable Care Act building on existing HIPAA regulations of wellness programs. The new proposed regulations provide clearer guidance...more
What would the holidays be without a visit from the EEOC! Its latest visit was to Dillard’s – to stop by to pick up a $2 million settlement check this week in connection with an ADA class action filed in California back...more
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