News & Analysis as of

EEOC Not Feeling So Well After Loss over Wellness Program

In prior blogs, I discussed pending cases that the Equal Employment Opportunity Commission (“EEOC”) was bringing against wellness programs in the interim before clear guidance was given by the agency on how to craft these...more

Popularity and Pitfalls of Wellness Plans for Employers

Recently, wellness programs have gained popularity in the workplace. Approximately one half of all employers offer some kind of wellness program. This is due, in part, to the notion that healthy employees are more productive...more

The Increasingly Complex Law of Wellness Program Incentives

Case Study. A manufacturer wants to promote better health among its workforce by implementing a wellness program. Trying to keep it simple, the employer tells employees that they will receive a $50 per month credit toward...more

Health and Welfare Plans: Big Compliance Burdens, Big Penalty Exposures

Health and welfare have been around for a long time, and they are ubiquitous. Employees have come to expect medical, dental, life, and other insurance as part of their benefits packages. Employers offer coverage in order to...more

2015 L&E Developments

As we begin 2016, it is a good time to look back at 2015 labor and employment law developments that employers must keep in mind during the new year. 2015 was indeed a busy year. AFFORDABLE CARE ACT - In 2015, the...more

Employee Benefits & Executive Compensation Advisory: Staying on the Compliance Track: The 2015 Health Benefits Year in Review

In a year-end flurry of activity, Congress adopted major tax and spending legislation, which was signed into law on Friday, December 18 by President Obama. The legislation, called the Consolidated Appropriations Act, 2016...more

Washington Healthcare Update

This Week: Congress unable to come to agreement on funding the government past Dec. 11 so a short-term funding bill was passed to give more time for negotiations... Tax extenders still being discussed as a vehicle for a...more

The EEOC And Wellness Programs: The Other Shoe Drops! (But It's Not That Bad)

Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness...more

“Make It a Triple”: EEOC Supersizes Wellness Program Rules, Again

In June 2013, DOL, HHS and IRS explained that they view employer-sponsored wellness programs as narrow exceptions to the ACA’s health status discrimination prohibition. Early this year, the EEOC slathered-on its own rules,...more

Wellness Rewards Under GINA

The EEOC has issued proposed regulations addressing the legality of inducements for spousal participation in wellness programs under the Genetic Information Nondiscrimination Act (GINA). The original GINA regulations...more

EEOC Proposed GINA Regulations Permit Limited Wellness Plan Incentives In Exchange For Spousal Health Data

The Equal Employment Opportunity Commission (EEOC) issued a Notice of Proposed Rulemaking (NPRM) on October 30, 2015 to amend the federal regulations implementing Title II of the Genetic Information Nondiscrimination Act...more

Going To The Heart Of Workplace Health Programs And Apps

The wearable technology market is booming and shows no sign of slowing down anytime soon. From watches to glasses, to chips and sensors built into clothing and accessories, wearable technology seems to have reached every...more

Are Wellness Programs Worth It?

Please see Chart below....more

Spring Regulatory Agenda Sets Forth New Deadlines, Proposals

In keeping with past practice, federal agencies released their spring regulatory agendas on the eve of a holiday weekend. These semiannual reports list all of the federal agency regulations currently under development or...more

EEOC Proposes Wellness Program Rule

In April 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule that would amend the regulations and interpretive guidance implementing Title I of the Americans with Disabilities Act (ADA) as they...more

EEOC Issues Long-Awaited Proposed Rule on Employer Wellness Programs

On April 18, 2015, the Equal Employment Opportunity Commission (EEOC) issued a proposed rule on the treatment of employer wellness programs under the Americans with Disabilities Act (ADA). The proposed rule amends the ADA...more

Wellness Programs and the EEOC, Part One

On May 29, 2013, the U.S. Department of Labor, the U.S. Department of the Treasury, and the U.S. Department for Health and Human Services finalized rules regarding wellness programs offered in conjunction with group health...more

Wellness Watch: Guidance Is (Almost) Here

In December 2014, we highlighted the challenges that employers have been facing in ensuring that their wellness programs are not in violation of the Americans with Disabilities Act (ADA), the Genetic Information...more

EEOC Initiates Rulemaking Process for Employer-Sponsored Wellness Programs

Addressing the ongoing controversy over employer wellness programs, which we discussed in a prior alert, the EEOC recently submitted a notice of proposed rulemaking to the White House Office of Management and Budget (OMB)....more

Multiple Departments Issue Guidance on Wellness Programs

The Equal Employment Opportunity Commission (EEOC) made headlines during the second half of 2014 by attacking employers' wellness programs that require employees to undergo certain medical testing or be penalized....more

The EEOC Provides Welcome Guidance on Employment-Based Wellness Plans

On April 16, 2015, the EEOC published proposed regulations setting forth its position on the use of physical examinations under employment-based wellness programs. This comes as welcome guidance to employers who have...more

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued long-awaited proposed regulations addressing what constitutes permissive employer wellness programs. While the EEOC recognizes that many employers...more

EEOC clarifies rules for wellness programs

Wellness programs in the workplace - Increasingly, employers are putting in place wellness programs aimed at promoting healthier lifestyles and preventing disease among the workforce. Often they are offered in...more

EEOC Issues Guidance on Employer Provided Wellness Programs

The Equal Employment Opportunity Commission (EEOC) has released long-awaited proposed guidance (the proposed rule) relating to employer wellness programs. The proposed rule amends regulations implementing Title I of the...more

EEOC Issues Proposed Rule on Wellness Programs and the ADA

The Equal Employment Opportunity Commission (EEOC) has released its long-awaited proposed rule providing guidance on the application of the Americans with Disabilities Act (ADA) to employer-sponsored wellness programs....more

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