News & Analysis as of

Well Then…The EEOC’s Last Word on Wellness Programs

On May 17, 2016, the EEOC issued final regulations on employer-sponsored wellness programs under both the ADA and GINA. Wellness programs have been discussed on this blog before, so I’ll skip the backgrounder. Suffice it to...more

New ADA and GINA Wellness Regulation Changes Complicate Wellness Program Compliance Analysis and Risks

Wellness programs should all be reviewed considering the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”) regulatory changes because noncompliance with the new requirements do...more

EEOC Issues Final Rules Under ADA and GINA on Wellness Programs

The U.S. Equal Employment Opportunity Commission issued two final rules May 16, 2016 that guide employers on the manner with which their wellness programs that ask health-related questions and/or require participants to...more

EEOC Final Rules on Employer Wellness Programs: What Employers Need to Know

Increasingly, more employers are offering workplace wellness programs to promote and encourage healthier lifestyles for their employees and to prevent disease. These programs often involve medical questionnaires, health risk...more

EEOC Finalizes Wellness Program Regulations

The Equal Employment Opportunity Commission has published final regulations and a set of questions and answers on how the Americans with Disabilities Act (ADA) applies to employer-sponsored wellness programs that offer...more

EEOC Issues Final Wellness Plan Rules

The Equal Employment Opportunity Commission issued final regulations on May 18, 2016 that place limits on financial incentives used in certain employer-sponsored wellness programs. The two rules issued under the ADA and GINA,...more

New EEOC Rules for Wellness Programs: A 30 Percent Incentive = Voluntary

For years, employers have been allowed to offer voluntary wellness programs to employees under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). Both laws generally prohibit...more

EEOC Issues Final Rules on Wellness Programs

On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued final regulations governing the treatment of wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

EEOC Issues Final Rules on Employer Wellness Programs

On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued two final rules describing how employer wellness programs must comply with Title I of the Americans with Disabilities Act (ADA) and Title II of the...more

EEOC Issues Final Rules on Employee Wellness Programs

Can an employer offer financial incentives to its employees for participating in employee wellness programs that seek health-related information? According to new rules issued by the Equal Employment Opportunity Commission...more

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

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

Wellness Programs May Need a Check-Up Following Recent EEOC Guidance

Many employers offer some type of “wellness program” to their employees as a way to improve employee health and reduce healthcare spending. Wellness programs can be called many different things, including “weight loss...more

Too Many RULES, Man!

“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor...more

EEOC Issues Final Rules Governing Employer Wellness Programs

The Equal Employment Opportunities Commission issued two final rules May 16, 2016 to clarify how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply to workplace wellness...more

EEOC Issues Final Rules On Wellness Programs

Concluding many years of uncertainty regarding the EEOC’s official enforcement position, on May 16, 2016, the agency issued two sets of final regulations affecting employer-sponsored wellness programs. The EEOC’s proposed...more

EEOC Issues Final Rules on Wellness Programs Under the ADA and GINA

This week the Equal Employment Opportunity Commission (EEOC) issued final rules providing guidance on the application of the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act of 2008...more

EEOC Issues Final Regulations on Wellness Programs

Employers who provide employees with incentives to encourage healthy behavior must contend with an alphabet soup of federal law--ERISA, GINA, HIPAA, the ACA, the ADA, just to name a few. Earlier this week, the EEOC weighed...more

Wellness Programs May Need a Check-Up Following Recent EEOC Guidance

Many employers offer some type of "wellness program" to their employees as a way to improve employee health and reduce healthcare spending. Wellness programs can be called many different things, including "weight loss...more

The EEOC Issues Final Rules on Employer Wellness Programs

If you read one thing… - The EEOC has issued its final rules regarding how workplace wellness programs can comply with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA)....more

Wellness Programs, and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act: The final chapter

On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more

EEOC Issues Final Rules on Employer Wellness Programs

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans...more

Labor & Employment Advisory: ADA, GINA Wellness Regs Now Final

Yesterday, the EEOC issued its final regulations providing guidance on wellness program incentives under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA regulations address...more

EEOC Issues Final Rules on Employer Wellness Programs

Rules Address Incentives; Protect Confidentiality - WASHINGTON, DC--The U.S. Equal Employment Opportunity Commission (EEOC) today issued final rules that describe how Title I of the Americans with Disabilities Act (ADA)...more

EEOC Issues Final Rules Addressing the Implications of ADA/GINA on Wellness Programs

Today, the Equal Employment Opportunity Commission (“EEOC”) released its final rules to amend regulations implementing Title I of the Americans with Disabilities Act (“ADA”) and Title II of the Genetic Information...more

EEOC Not Feeling So Well After Loss over Wellness Program

In prior blogs, I discussed pending cases that the Equal Employment Opportunity Commission (“EEOC”) was bringing against wellness programs in the interim before clear guidance was given by the agency on how to craft these...more

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