Wellness Programs

News & Analysis as of

January 2016: Five Biggest Labor And Employment Law Stories

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, here is a quick review of the five biggest stories from last month that all employers...more

Employment Law - January 2016 #2

EU Permits Employers to Monitor Private Employee Communications - Why it matters - In a favorable ruling for employers, the European Union's (EU) highest court concluded that an employee's right to privacy was not...more

Wellness Program Exempted from ADA

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

Employment Law Navigator – Week in Review: January 2016 #4

The U.S. Department of Labor issued its guidance on the joint-employer relationship last week, to much fanfare. The Administrator’s Interpretation takes a strikingly similar approach to that of the National Labor Relations...more

EEOC Denied in Attempt to Apply ADA Rules to Wellness Plan Tied to Group Health Plan

On the last day of 2015, the U.S. District Court for the Western District of Wisconsin ruled against the Equal Employment Opportunity Commission (“EEOC”) in its suit against an employer under the Americans with Disabilities...more

EEOC Faces Another Defeat in its War Against Wellness Programs

The U.S. Equal Employment Opportunity Commission (“EEOC”) has steadfastly maintained that any wellness program that is not voluntary violates the Americans With Disabilities Act (“ADA”). In 2014, the Chicago District Office...more

Big Employer Win in Wellness Program Case EEOC v. Flambeau

For the past couple of years, the U.S. Equal Employment Opportunity Commission (EEOC) has been challenging employer wellness programs for their alleged violations of the Americans with Disabilities Act (ADA). The most recent...more

Federal Court Says Employer’s All-or-Nothing Requirement that Employees Submit to Wellness Program or Lose Health Insurance is...

Last month, a district court in Wisconsin dealt a blow to the EEOC and the future of its proposed ADA wellness program regulations. In EEOC v. Flambeau, Inc., the court held that that an employer did not violate the...more

District Court to EEOC: Leave Wellness Enough Alone

A Wisconsin federal district court dismissed (with prejudice) a complaint by the Equal Employment Opportunity Commission (EEOC) that a company’s wellness program violated the Americans with Disabilities Act (ADA). The EEOC...more

A Win for Wellness Programs: Federal Judge Rules No ADA Violation (No Matter What the EEOC Says)

The question of whether a wellness program violates the requirements of the Americans with Disabilities Act (ADA) has been unclear for some time. The Chicago District Office of the U.S. Equal Employment Opportunity...more

UPDATE – What's On the Horizon for Employer-Sponsored Wellness Programs and the EEOC in 2016?

In this December 18, 2015, article, we discussed employer-sponsored wellness programs and the EEOC's apparent apprehension of them. The article referenced the EEOC's lawsuit against plastics manufacturer Flambeau, Inc. in...more

Annual Report on EEOC Developments – Fiscal Year 2015

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

EEOC Keeps Its Resolution to Litigate Company Wellness Programs Under ADA, Despite Recent Victory for Employers

With the holidays now behind, many employees view the New Year as an opportunity to lose weight, exercise more, or make any number of other resolutions to improve their health. And it’s not just individuals seeking healthier...more

Federal Court Rejects EEOC Suit Challenging Employee Wellness Plan

Last year, the Equal Employment Opportunity Commission filed several high profile lawsuits claiming that employer group medical insurance plans violated the Americans with Disabilities Act by imposing certain mandatory...more

The Wellness Program Awakens: District Court Rejects EEOC Challenge in Flambeau

Wellness programs, already something of a force in the group health plan industry, received a shot in the arm at the end of 2015 when a federal district court in Wisconsin ruled that an employer may require compliance with a...more

Flambeau Inc. Wellness Program Testing Falls Within ADA Safe Harbor

On December 30, 2015, a federal judge in the Western District of Wisconsin ruled in favor of Flambeau, Inc. (Flambeau) and against the Equal Employment Opportunity Commission (EEOC) in holding that Flambeau’s medical exams as...more

Seventh Circuit Slams The “Brakes” On The EEOC’s Appeal Of AutoZone ADA Defeat

As we have previously noted, the EEOC continues to push the envelope on many fronts, including new theories/arguments in cases brought under Americans With Disabilities Act, 42 U.S.C. § 12101 et seq. (“ADA”), such as its...more

Another Judge Puts the Breaks on EEOC Wellness Plan Overreach

Our firm has acknowledged recently that there are some questions about the authority of the EEOC to issue its proposed wellness regulations that claim legitimacy under the Americans with Disabilities Act (ADA). Just before...more

All Is Well For Employers: Three Things You Need To Know About Court Ruling In Wellness Program Lawsuit

A federal judge in Wisconsin just issued a key ruling upholding an employer’s wellness program despite a challenge from the Equal Employment Opportunity Commission (EEOC). The decision, published on December 31, 2015, is a...more

The ERISA Litigation Newsletter - December 2015

Editor's Overview - In this month's newsletter, we focus on the recent wave of guidance and case law related to the Affordable Care Act. We also discuss IRS Notice 2015-86, which provides guidance on the application of...more

Changes to the Genetic Information Nondiscrimination Act Coming in 2016!

The Genetic Information Nondiscrimination Act (“GINA”), is a federal law enacted in 2008 which prohibits employers from requesting “genetic information” from their employees. Specifically, it prohibits employers with 15 or...more

Does your organization’s new year’s resolution violate employee privacy?

One of the most common New Year’s resolutions is a renewed commitment to health and fitness. Many employers also seek to update or introduce wellness programs at the beginning of the year with the goal of improving their...more

Employment Law Navigator – Week in Review: December 2015 #4

Last week was a big one for the EEOC. Among other things, the agency initiated a lawsuit against McDonald’s Corporate and a Missouri franchisee because the franchisee refused to provide a deaf applicant a sign language...more

Who Was Naughty, And Who Was Nice In Employment Law This Year

The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more

What's on the Horizon for Employer-Sponsored Wellness Programs and the EEOC in 2016?

Employer-sponsored wellness programs have quickly become the "in" thing in the workplace. In fact, 70 percent of U.S. employers currently offer wellness programs. The programs can vary greatly, but generally include health...more

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