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Safe Harbors Equal Employment Opportunity Commission (EEOC)

Bradley Arant Boult Cummings LLP

Happy Thanksgiving and the Many Things for Which We Are Thankful – 2022 Edition

This year brought substantial progress in the way of slightly fewer positive COVID-19 cases and/or transmissions and increased vaccinations. Consequently, in the employment world many of you reopened your offices and invited...more

Snell & Wilmer

Wellness Program Incentives – New Year, New EEOC Proposed Rules

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For years we have been trying to understand how the EEOC regulates wellness programs. Although we still do not have a complete picture, we are getting closer with the EEOC’s new Notices of Proposed Rulemaking on wellness...more

Constangy, Brooks, Smith & Prophete, LLP

What's In Those Proposed Wellness Regs?

Some Q and A. Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information...more

Jackson Lewis P.C.

Wellness Programs And Water Bottles, The EEOC Proposes New Rules Under The ADA And GINA

Jackson Lewis P.C. on

Since 1996, when Congress passed the Health Insurance Portability and Accountability Act (HIPAA), employers have been struggling with whether and to what extent they could offer incentives to employees to participate in...more

Laner Muchin, Ltd.

EEOC Moves Forward with New Draft Proposed Wellness Program Regulations

Laner Muchin, Ltd. on

Several times over the past few years, we have reported about the challenges wellness programs have faced from the Equal Employment Opportunity Commission (EEOC) and other litigants, as well as how a federal court struck down...more

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

Beltway Buzz - June 2020 #2

PPP Flexibility Act Clarification. Buzz readers likely recall that President Trump signed the Paycheck Protection Program (PPP) Flexibility Act into law last week. One of the prominent features of the legislation lowers from...more

Fisher Phillips

Web Exclusive: April 2019: The Top 16 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Snell & Wilmer

EEOC Removes 30% Incentive Safe Harbor from Wellness Program Regulations

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The Equal Employment Opportunity Commission (the “EEOC”) issued final rules, published in the Federal Register on December 20, 2018, that remove the 30% incentive provisions from the EEOC’s wellness program regulations...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Dismissal Signals Likely End to EEOC’s Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more

Mintz - Employment Viewpoints

EEOC v. Flambeau, Judicial Restraint, and the (Uncertain) Future of Employer-Sponsored Wellness Programs

On January 25, the Seventh Circuit Court of Appeals issued it much-anticipated decision in EEOC v. Flambeau, Inc. This case involved the regulation of employer-sponsored wellness plans and programs. Since 2006, the rules...more

Seyfarth Shaw LLP

Seventh Circuit Declines To Address The EEOC’s Challenge To The Legality Of Employer’s Wellness Plan

Seyfarth Shaw LLP on

Seyfarth Synopsis: After an employee lost his employer-funded health insurance because he failed to complete a medical examination required by his employer, the EEOC sued the employer under the ADA’s ban on involuntary...more

Allen Matkins

New California Employment Laws of Particular Interest to the Hospitality Industry - December 2016

Allen Matkins on

In 2016, California passed various labor and employment laws which directly impact the hospitality industry. Below is a brief summary of many of these laws, which generally take effect on January 1, 2017, unless otherwise...more

Allen Matkins

2017 Labor & Employment Law Update for California Employers

Allen Matkins on

In 2016, California passed a slew of labor and employment laws affecting businesses across the state and their personnel policies and practices. Below is a brief summary of many of these laws, which generally take effect on...more

Epstein Becker & Green

Benefits Litigation Update – Fall 2016

Epstein Becker & Green on

A Publication from Epstein Becker Green and The ERISA Industry Committee - Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more

Laner Muchin, Ltd.

Latest Wellness Program Litigation A Mixed Bag For Employers

Laner Muchin, Ltd. on

On September 19, 2016, in EEOC v. Orion Energy Sys., Inc., the Eastern District of Wisconsin issued an opinion offering a mixed result to employers related to wellness programs under the Americans with Disabilities Act (ADA)....more

Littler

Half a Loaf: Court Rejects ADA "Safe Harbor" But Approves Pre-Regulations Wellness Program as "Voluntary"

Littler on

The EEOC’s attack on employee wellness programs as unlawful under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) that began in 2014 with three lawsuits, and continued with...more

U.S. Equal Employment Opportunity Commission...

Wisconsin Court Rejects Employer’s Argument That Wellness Programs Are Insulated from Disability Law

Trial to Be Scheduled on Retaliation Claim - MILWAUKEE - A federal court has ruled in favor of the U.S. Equal Employment Opportunity Commission (EEOC) in a disability discrimination case involving wellness programs filed...more

Epstein Becker & Green

Benefits Litigation Update – Summer 2016

Epstein Becker & Green on

Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”). The Update is a publication which provides four primary components... ...more

BCLP

EEOC Takes Aim at Erroneous Application of ADA “Safe Harbor” to Wellness Programs

BCLP on

In its preamble to the final regulations under the Americans with Disabilities Act (“ADA”) published May 17, 2016, which will be the topic of an upcoming blog post, the Equal Employment Opportunity Commission (“EEOC”) once...more

Mintz - Employment Viewpoints

In Case You Missed It: The EEOC Sneaks in Its Final Wellness Program Rule Ahead of The DOL’s New OT Rule

The employer community was sent into a frenzy with the Department of Labor’s release on May 18, 2016 of its final white-collar overtime regulations. Just two days before however, the Equal Employment Opportunity Commission...more

Miller Canfield

EEOC Issues Final Rules on Employer Wellness Programs; Clarifies Position on Incentive Caps, Confidentiality and ADA’s “Safe...

Miller Canfield on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued two final rules regarding employer wellness plans, the first to amend existing regulations under the Genetic Information and Non-Discrimination Act...more

Epstein Becker & Green

Benefits Litigation Update – Spring 2016

Epstein Becker & Green on

A Publication from Epstein Becker Green and The ERISA Industry Committee Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more

McNees Wallace & Nurick LLC

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

Dorsey & Whitney LLP

Quirky Question #270: A Win for Wellness Plans

Dorsey & Whitney LLP on

Question: Our company offers employees a self-funded and self-insured health plan. We’d now like to implement a wellness program. Can we require employees to complete a health risk assessment which requests personal medical...more

Ballard Spahr LLP

Wellness Program Exempted from ADA

Ballard Spahr LLP on

A federal district court in Wisconsin has upheld an employer-sponsored wellness program against a challenge by the Equal Employment Opportunity Commission (EEOC) that the program violated the Americans with Disabilities Act...more

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