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Wellness Programs Genetic Information Nondiscrimination Act Employer Liability Issues

Akerman LLP - HR Defense

Considering Incentives for Employee COVID-19 Vaccines – Tips and Traps

This blog was based on guidance which is now outdated. An employer may offer an incentive to employees to voluntarily provide documentation or other confirmation that they received a vaccination on their own from a pharmacy,...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

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

Groom Law Group, Chartered

EEOC Releases Much-Anticipated Proposed ADA and GINA Wellness Rules

On January 7, 2021, the Equal Employment Opportunity Commission (“EEOC”) finally released proposed rules regarding wellness programs under Title I of the Americans with Disabilities Act (“ADA”) (“ADA Proposed Rule”) and Title...more

McDermott Will & Emery

EEOC Proposes New Rules on Wellness Programs

McDermott Will & Emery on

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these...more

Ballard Spahr LLP

A Second Proposal: EEOC Issues New Guidance on Nondiscrimination for Wellness Programs

Ballard Spahr LLP on

Summary - The Equal Employment Opportunity Commission (EEOC) announced it will issue much-anticipated guidance that revises its nondiscrimination rules for wellness programs under the Americans with Disabilities Act (ADA)...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 1, March 2019

The Editor's Note - Welcome to 2019's first edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group... ...In this edition of SuperVision, Carrie Grundmann explains a recent...more

Parker Poe Adams & Bernstein LLP

EEOC Withdraws Wellness Plan Incentive Rules

Employer wellness plans have attracted multiple legal challenges ranging from HIPAA concerns to allegations that such programs violate federal civil rights under GINA and the ADA. Adding to this confusion, the Equal...more

Fisher Phillips

3 Options For Providing Wellness Program Incentives In 2019…And Beyond

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Employers are about to enter into limbo when it comes to maintaining wellness programs, and you will soon need to make a decision about how you will implement any such programs at your workplace. As of January 1, 2019, the...more

Kilpatrick

Employer Wellness Planning for 2019 – Part II of II

Kilpatrick on

This is Part II of our blog post on employer wellness planning for 2019. Part I of our blog post explained the ongoing saga between AARP and the EEOC with respect to the ADA and GINA final regulations. We discussed that the...more

Kilpatrick

Employer Wellness Planning 2019 – Part I of II

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Employers who sponsor wellness programs that offer incentives once again face legal uncertainty. On December 20, 2017, in AARP v. United States Equal Employment Opportunity Commission, the United States District Court for...more

Foley & Lardner LLP

What Now for Wellness?

Foley & Lardner LLP on

If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s...more

Jackson Lewis P.C.

The Fate Of The EEOC’s Wellness Regulations Is Still Uncertain

Jackson Lewis P.C. on

In October 2016, AARP sued the Equal Employment Opportunity Commission (“EEOC”) under the Administrative Procedures Act (“APA”) arguing that there was no explanation for the shift in the EEOC’s position relating to what makes...more

K&L Gates LLP

Back to the Drawing Board: Employer Wellness Program Uncertainty in Light of AARP v. EEOC

K&L Gates LLP on

Despite a rapidly growing and changing compliance landscape, employers have continued to offer wellness programs in an effort to control rising health-care costs and improve employees’ overall health and productivity. In...more

Amundsen Davis LLC

Federal Court Strikes Down Certain EEOC Wellness Program Regulations, Effective January 1, 2019

Amundsen Davis LLC on

In a recent decision with a nation-wide effect, the U.S. District Court for the District of Columbia struck down certain provisions of the EEOC’s Wellness Program regulations. As we have previously discussed, workplace...more

Jackson Lewis P.C.

Be Prepared: Changes To Workplace Wellness Programs Coming In 2019

Jackson Lewis P.C. on

Though still a year away, employee health plans are in for significant change beginning January 1, 2019. This modification is the result of a longstanding argument about plan administration. ...more

Constangy, Brooks, Smith & Prophete, LLP

Court Vacates Parts Of EEOC Wellness Rules, Effective 1/1/19

You snooze, you lose, the court said. (In so many words.) Remember the AARP v. EEOC case? That's the one in which the AARP challenged the regulations of the Equal Employment Opportunity Commission addressing incentives for...more

Fisher Phillips

Checking In On GINA: Revisiting the EEOC’s Rules on the Genetic Information Nondiscrimination Act

Fisher Phillips on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued regulations governing the treatment of wellness programs under the Genetic Information Nondiscrimination Act (“GINA”), as well as under the...more

Constangy, Brooks, Smith & Prophete, LLP

The ADA: Four Issues To Watch In 2018

Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you...more

Alston & Bird

Lawsuits Are Focused on Wellness Program Compliance. Are You?

Alston & Bird on

Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

Haynsworth Sinkler Boyd, P.A.

Court’s Ruling Requiring The EEOC To Reconsider Its “Wellness” Regulations Is Not Necessarily A Good Thing For Employers

The ruling in the AARP v. EEOC case may be detrimental to employers and their healthcare plans because the EEOC may either reduce the percentage of its allowable inducement (or penalty) below 30% the employee cost for...more

Epstein Becker & Green

EEOC’s Wellness Program Incentive Regulations Rejected by the District Court

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On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more

Ballard Spahr LLP

Judge Orders EEOC to Reevaluate Wellness Program Regulations

Ballard Spahr LLP on

A federal judge ruled on Tuesday that the Equal Employment Opportunity Commission (EEOC) must revisit regulations governing employee wellness programs because the agency did not provide adequate supporting information for the...more

Seyfarth Shaw LLP

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

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Seyfarth Synopsis: Genetic discrimination lawsuits can result in substantial costs. California employers should regularly review their hiring and employment policies and procedures to ensure that they are not exposing...more

Amundsen Davis LLC

Does Your Workplace Wellness Program Comply With Existing Laws?

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The National Business Group on Health’s Eighth Annual Survey on Corporate Health recently revealed the growing prevalence of workplace wellness programs. Many such programs are expanding their aim to not only better the...more

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