News & Analysis as of

Incentives Wellness Programs

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

Jackson Lewis P.C.

Mental Health in the Manufacturing Industry: Can Employers Make Workplace Welcoming, Supportive?

Jackson Lewis P.C. on

May is Mental Health Awareness Month in the United States. June is Men’s Health Month. For manufacturers competing for employees, these important topics often are overlooked....more

Jackson Walker

Labor & Employment Symposium - Topics: Remote Work; Handling Leaves of Absence; Vaccination Incentives Under Wellness Programs

Jackson Walker on

Jackson Walker attorneys Michael Drab and Jackie Staple, along with Ed Fensholt, from Lockton Dunning Benefits, discuss current labor and employment law topics that might impact you and your company. Topics: Remote Work:...more

McDermott Will & Emery

Agencies Clarify How Employers Can Charge COVID-19 Vaccine Premium Incentives

McDermott Will & Emery on

On October 4, 2021, the US Departments of Labor, Treasury, and Health and Human Services (the Tri-Agencies) issued guidance regarding the application of the Health Insurance Portability and Accountability Act (HIPAA) wellness...more

Holland & Hart - Employers' Lawyers

Employers Consider Raising Premiums for Unvaccinated Workers

Employers are impacted in many ways by the COVID-19 pandemic, not the least of which are employee health and safety. For the last several months, employers have used mostly soft-sell approaches to encourage their employees to...more

Smith Anderson

New Guidance for Employers on COVID-19 Vaccine Coverage and Incentives

Smith Anderson on

Employers who sponsor group health plans will be interested in new guidance released last week by the DOL, IRS and HHS in the form of five COVID-19 related FAQs. Two of the FAQs address group health plan coverage requirements...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

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Vaccine Incentives - You Have Questions, We Have Answers

More than a year into the COVID-19 pandemic, employers are happy to be more focused on vaccine issues than on issues relating to furloughs and layoffs. As record numbers of vaccinations take place daily, many employers...more

Jackson Lewis P.C.

Lawmakers Seek Clarity On EEOC Regulations Concerning Incentives For COVID-19 Vaccinations

Jackson Lewis P.C. on

Providing incentives for employees to get the COVID-19 vaccine continues to be on the minds of organizations as vaccinations pick up speed. However, concerns about privacy and the shifting positions on wellness program...more

Snell & Wilmer

Not So Fast: EEOC Withdraws Its Recently Issued Proposed Rules Addressing Employer Vaccination Incentives

Snell & Wilmer on

Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED March 2021

Husch Blackwell LLP on

Update: The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED February 2021

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules. If the proposed rules become effective, they will significantly restrict the ability of employers to provide incentives...more

K&L Gates LLP

COVID-19: EEOC Withdraws Proposed Rules on Employer Wellness Incentives, Leaving Uncertain the Permissibility of COVID-19...

K&L Gates LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) announced last Friday that it was withdrawing two proposed rules regarding the incentives employers can provide their employees as part of a wellness program without...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

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules that, if they become effective, will significantly restrict the ability of employers to provide incentives to participate...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

Nilan Johnson Lewis PA

Employer Incentivization of COVID-19 Vaccination

Nilan Johnson Lewis PA on

Many employers are seeking ways to encourage their employees to get vaccinated for COVID-19. For those wishing to stop short of making it mandatory, incentivizing voluntary vaccination is an option, but one that comes with...more

Seyfarth Shaw LLP

EEOC’s New ADA Regulations Could Complicate Employer Plans’ Efforts to Offer Incentives for Getting the COVID Vaccine as Part of a...

Seyfarth Shaw LLP on

Seyfarth Synopsis: As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce. Some employers are considering making vaccination...more

ArentFox Schiff

EEOC Proposes Final Rules Regarding Incentives for Participating in ‘Voluntary’ Wellness Programs

ArentFox Schiff on

Last week, the Equal Employment Opportunity Commission (the EEOC) proposed two final rules: One under the Americans with Disabilities Act (the ADA), and the other under the Genetic Information Nondiscrimination Act (GINA). ...more

Bracewell LLP

Vaccine Incentives: How Employers Can Encourage Employee Vaccination

Bracewell LLP on

As COVID-19 vaccines become available to broader groups during winter and spring 2021, employers are considering how they can encourage employees to get vaccinated. While the Equal Employment Opportunity Commission (EEOC)...more

Seyfarth Shaw LLP

EEOC’s New ADA Regulations Could Complicate Employer Plans to Offer Incentives for Getting the COVID Vaccine as Part of a Wellness...

Seyfarth Shaw LLP on

As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce.  Some employers are  considering making vaccination mandatory. ...more

DirectEmployers Association

OFCCP Week In Review: January 2021 #2

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Fisher Phillips

Second Time’s A Charm? EEOC Offers New Wellness Program Rules For Employers

Fisher Phillips on

The U.S. Equal Employment Opportunity Commission (EEOC) just revealed two new proposed rules concerning how employers can encourage employees to participate in employer-sponsored wellness programs without violating federal...more

U.S. Equal Employment Opportunity Commission...

EEOC Holds Remote Public Meeting on Wellness NPRM

WASHINGTON – The EEOC today held a remote meeting to consider a proposed rulemaking addressing what level of incentives employers may lawfully offer to encourage employee participation in wellness programs that require...more

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