News & Analysis as of

Incentives

Back to the Drawing Board for EEOC Wellness Program Rules

by Genova Burns LLC on

On August 22 the U.S. District Court in D.C. granted summary judgment to the AARP which challenged the EEOC’s rules governing employer wellness programs. The rules allow an employer to offer or impose on an employee financial...more

Well, I Know a Little About Wellness Programs: Court Finds EEOC’s Incentive Limit Unsupported, Remands to Agency

On August 22, 2017, the U.S. District Court for the District of Columbia issued its decision in the American Association of Retired Persons, Inc.’s (AARP) challenge to the wellness program regulations issued by the U.S. Equal...more

Workplace Wellness Program Incentives Under Fire - Again

by Pierce Atwood LLP on

For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor...more

Court rejects coercive, biased rule favoring intrusive workplace wellness plans

American workers have gotten back a little breathing room from corporations’ intrusive push to try to get them to surrender more of their personal, private health information as part of workplace wellness programs linked to...more

CMS Proposes to Cancel Medicare Episode Payment and Cardiac Rehab Incentive Payment Models, and to Cut Back Joint Replacement...

by Seyfarth Shaw LLP on

On August 17, 2017, the Centers for Medicare and Medicaid Services (CMS) under the Trump administration published a proposed rule to cancel Medicare’s hospital Episode Payment Models (EPMs) and Cardiac Rehabilitation (CR)...more

EEOC’s Wellness Program Incentive Regulations Rejected by the District Court

by Epstein Becker & Green on

On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more

EEOC to Reevaluate the ADA and GINA Rules on Wellness Programs

We previously reported that AARP was attempting to stop the EEOC’s final wellness program rules under the American with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) from taking effect on...more

Judge Orders EEOC to Reevaluate Wellness Program Regulations

by Ballard Spahr LLP on

A federal judge ruled on Tuesday that the Equal Employment Opportunity Commission (EEOC) must revisit regulations governing employee wellness programs because the agency did not provide adequate supporting information for the...more

EEOC Must Reconsider its Wellness Regulations

by Littler on

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Court Throws Monkey Wrench Into Wellness Programs

The U.S. District Court for the District of Columbia has ordered the EEOC to reconsider its final regulations on the extent to which an employer may offer incentives to participate in a wellness program without violating the...more

7 things you should know about sweepstakes and contests in employee incentive programs

by Thompson Coburn LLP on

Four years ago, I wrote an article for this blog about creating in-house incentive contests. Since that time we have seen a considerable increase in the number of incentive programs that we have been asked to prepare for...more

Incentive Plans For Emerging Companies

by Fox Rothschild LLP on

An incentive plan is a tool used to motivate and reward employees to grow a business and exceed goals. A common form of an incentive plan for startups is an equity incentive plan. An equity incentive plan rewards key...more

FCPA Pilot Program

by Ropes & Gray LLP on

Ryan Rohlfsen, Ropes & Gray government enforcement partner, analyzes the first year of the U.S. Department of Justice’s FCPA Pilot Program. __ The DOJ enacted the Pilot Program in early 2016. It was part of a long...more

Day 20 - Compliance Leadership from the Bottom

by Thomas Fox on

The key concept from the Department of Justice’s (DOJ) Evaluation of Corporate Compliance Program (Evaluation) is operationalization. For instance, under the query Shared Commitment is the following question - “How is...more

Unfair and Unbalanced-Episode 18

by Thomas Fox on

In this episode, Roy Snell and myself discuss how incentives are integral to the compensation plans of a wide range of workers. Many experts point to their value in rewarding behavior that is in the interest of the...more

Day 13 of One Month to Better Compliance Thru HR

by Thomas Fox on

One of the ways to operationalize compliance and to drive it into the DNA of an organization is through a performance review. Indeed, the 2012 FCPA Guidance states, “DOJ and SEC recognize that positive incentives can also...more

Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine

by Thomas Fox on

Procedural fairness is one of the things that will bring credibility to your Compliance Program. Today it is called the Fair Process Doctrine and this Doctrine generally recognizes that there are fair procedures, not...more

This Week in FCPA- Episode 52, for the week ending May 12, the Firing the Investigators Edition

by Thomas Fox on

1. What is the real risk in a FCPA enforcement action? See Mike Volkov’s post in Corruption, Crime and Compliance. 2. FIFA fires its lead internal investigators for doing their job investigating. See Tom’s article in...more

Day 10 Of One Month to Better Compliance through HR-Sales Incentives and Compliance

by Thomas Fox on

In the Department of Justice’s Evaluation of Corporate Compliance Programs, Prong 8 Incentive and Disciplinary Measures it states: Incentive System –How has the company considered the potential negative compliance...more

Day 8 of One Month to Better Compliance Through HR-Using Compensation to Operationalize Compliance

by Thomas Fox on

One of the areas that many companies have not paid as much attention to in their Foreign Corrupt Practices Act (FCPA) anti-corruption compliance programs is compensation. However the Department of Justice (DOJ) and Securities...more

Day 7 Of One Month To Better Compliance Through HR - Six Principles For Compliance Incentives

by Thomas Fox on

In metrics laid out by former Assistant Attorney General Leslie R. Caldwell, she spoke about the need for compliance program incentives. She posed it with the following question, “Are there mechanisms to enforce compliance...more

Day 6 of One Month to Better Compliance Through HR-Incentivizing Compliance

by Thomas Fox on

In the Department of Justice’s Evaluation of Corporate Compliance Programs, Prong 8 Incentive and Disciplinary Measures it states: Incentive System – How has the company incentivized compliance and ethical behavior? How has...more

Shareholder Seeks to Block Amendment to Intel Stock Plan

A shareholder of Intel Corporation has filed a complaint in the United States District Court for the Southern District of New York. The shareholder seeks a preliminary and permanent injunction and any other appropriate relief...more

California Advances PBM Licensing and “Transparency” Law

Last week, the California Assembly Committee on Business and Professions voted in favor of Assembly Bill 315. AB 315 seeks to amend the California Business and Professions Code: (a) to require PBMs to obtain licensure from...more

Behaviour and Compliance in organisations – Occasional paper 24

by Locke Lord LLP on

The principal approach taken by the FCA towards ensuring firm compliance has largely been based on a detection and punishment approach. However, a new study conducted by the FCA suggests this can be complemented by changing...more

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