Wellness Programs

News & Analysis as of

Mainstream Wellness Program Challenged in EEOC v. Honeywell

Despite promulgating a paucity of guidance on what constitutes a “voluntary medical exam” under the Americans with Disabilities Act (“ADA”), on October 27, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

Employment Law - November 2014

State Voters Pass Paid Sick Leave, Wage Increases - Why it matters: The polls have closed and the votes are in: The midterm elections will have a significant impact on employers across the country as voters in multiple...more

Corporate Wellness Programs: It’s Time for a Check-Up

The EEOC is back at it! This time it has targeted corporate wellness programs and is challenging the legality of such programs under the ADA. The EEOC contends that the biometric testing and health risk assessments are...more

Minnesota Judge Issues Blow to EEOC’s Challenge to Corporate Wellness Program (For Now, Anyway…)

Can an employer require employees to undergo biometric testing or suffer penalties under their health benefit plan as part of a corporate wellness program? On November 3, U.S. District Judge Ann Montgomery refused to grant...more

EEOC’s Recent Challenges to Corporate Wellness Programs

In its third lawsuit targeting a wellness program, the United States Equal Employment Opportunity Commission (EEOC) sought to enjoin Honeywell International, Inc. (Honeywell) from requiring employees who do not participate in...more

Make Sure Your Wellness Program Gets a Clean Bill of Health

With the rising costs of healthcare and the implementation of the Affordable Care Act, more employers are offering or revamping wellness programs that that are aimed at incentivizing employees to adopt healthier lifestyles. ...more

Federal Judge Rejects EEOC's Attempt to Block Honeywell's Wellness Program

Last week, EmployNews reported a lawsuit filed against Honeywell by the Equal Employment Opportunity Commission challenging a new wellness program the agency alleged violated the Americans with Disabilities Act and the...more

Wellness Programs Continue to be a Target for the EEOC

As we mentioned in a post last month, the EEOC has a clear agenda to target employer wellness programs. In our earlier post, we discussed two lawsuits against employers in Wisconsin. Now, the EEOC has set its sights on one of...more

Federal Judge Denies EEOC’s Petition for Temporary Restraining Order; Allows Employer to Penalize Employees Who Decline to...

Last week, we blogged about the EEOC’s recent litigations involving employee wellness programs, including the Honeywell case where the EEOC sought to prohibit Honeywell from penalizing employees who decline to participate in...more

Court Denies EEOC’s Requested Preliminary Injunction to Block Wellness Plan Biometric Testing

On November 3 U.S. District Court Judge Ann Montgomery gave Honeywell International a victory in Round One of the EEOC’s legal challenge to Honeywell’s wellness program, by refusing to grant the EEOC preliminary restraints...more

EEOC Asks Court To Halt Biometric Testing Features of Corporate Wellness Program

On October 27, 2014 the Equal Employment Opportunity Commission asked the U.S. District Court in Minnesota to temporarily restrain Honeywell International’s wellness program from performing biometric testing on employees. The...more

EEOC Sues Honeywell for Biometric Screening Requirement in Wellness Plan

Last month’s EmployNews reported on two new lawsuits filed by the Equal Employment Opportunity Commission challenging alleged excessive financial penalties included in employer-sponsored wellness plans. On Monday, the EEOC...more

The EEOC Continues to Challenge Employer Wellness Programs Through Litigation

The U.S. Equal Employment Opportunity Commission is taking a hard look at employers who implement employee wellness programs that condition eligibility for benefits on participation in such programs. In the past few months,...more

Considering a Wellness Program for Employees? Make Sure You Do Not Violate the ADA or Other Laws in the Process

Rising health insurance costs have bedeviled employers for years. Wellness programs represent one tool designed to increase employee health and reduce health insurance costs. The Affordable Care Act’s (“ACA”) so called...more

EEOC Lawsuits Shine a Spotlight on Wellness Programs

These days, many large employers have some form of wellness program, designed to help their employees address medical and lifestyle issues. Many employers reward employees who participate with discounts on insurance premiums...more

The Unhealthy Side Effects of Employer Wellness Programs

I love wellness programs. I am a sucker for discounts of any sort, and I especially like the idea of rewarding healthy behavior. My bicycle has a tag that logs my work commute when I pass the electronic stations throughout...more

EEOC Files Two Recent Lawsuits Challenging Employer Wellness Programs

The Affordable Care Act creates new incentives to promote employer wellness programs. However, employers should not rush to establish such programs without first considering the implications of the Americans with...more

Implementing An Employee Wellness Program? Be Careful - The EEOC Is Interested

According to recent studies, over 90% of employers offer some type of wellness incentives to their employees. This is a significant jump from 2009 when only a little over half of employers had employee wellness programs, and...more

Labor & Employment E-Note - October 2014

In this Issue: - High Court Considers If Workers Waiting in Line Should Get Paid - Some States Putting Minimum Wage Battle on Ballot - U.S. Labor Department Promoting Paid Maternity Leave - EEOC...more

EEOC Files Its Second Complaint Challenging an Employer’s Wellness Program

Just six weeks after the EEOC sued Orion Energy Systems, Inc. in the United States District Court for the Eastern District of Wisconsin claiming that Orion’s wellness program violates the Americans with Disabilities Act...more

EEOC Lawsuit Challenges Flambeau Over Wellness Program

Threats of Insurance Cancellation and Discipline Make Program Involuntary and Violate Disabilities Act, Federal Agency Charges - MADISON, Wisc. - Flambeau, Inc., a Baraboo, Wis.-based plastics manufacturing company, is...more

EEOC Sues Alleging Employer’s “So-Called Voluntary” Wellness Plan Violated ADA

In Equal Employment Opportunity Commission v. Orion Energy Systems, Inc., filed last month, the EEOC alleged that an employer violated the ADA because the employer: (1) subjected an employee to a health risk assessment and...more

Employment Law Summer Recap 2014: Part 7 of 11 – Joey Chestnut Gets Engaged, Wins Yet Another Hotdog Eating Contest and … then...

61 hot dogs in 10 minutes. Let me repeat: 61 hot dogs in 10 minutes. That’s an incredible 6.1 hotdogs per minute! But for competitive eating champion Joey Chestnut, it was just another day at the office. Chestnut took home...more

EEOC Sues Employer for Allegedly Coercing Employee to Participate in Wellness Program

Employers continue to struggle to understand the Equal Employment Opportunity Commission’s position with regard to their wellness programs. While conceding the lawful use of such programs and the benefits achieved in terms of...more

Is The EEOC Off The Rails With This New “Wellness” Lawsuit? Don’t Think So.

Last week, the Equal Employment Opportunity Commission filed suit against Wisconsin-based Orion Energy Systems, Inc., over its wellness program and its treatment of ex-employee Wendy Schobert, who was not a fan of the...more

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