Wellness Programs

News & Analysis as of

Employment Flash - December 2014

In This Issue: - Supreme Court Rejects Security Screening Time Pay - NLRB Finalizes Union Election Rule - NLRB Reverses Employers’ Ability To Ban Employee Nonwork Email Use - EEOC Challenges Employer...more

2014 EEOC Year In Review: Lots Of Action, Mixed Results

2014 has been a notable year for the U.S. Equal Employment Opportunity Commission. The agency has initiated historic litigation, issued significant new guidance and signaled increased scrutiny of background checks and...more

EEOC's Regulatory Agenda Anticipates Wellness Program Rules in February

Last month, federal agencies released their semiannual regulatory agendas. The agendas list the rules in progress for the various agencies, along with anticipated dates of issuance. New additions or shortened timeframes can...more

Gavel to Gavel: What's in store for employers?

In 2014, the government’s employment agencies were aggressive and active in terms of investigations and lawsuits. Employers should expect this to continue in the new year and pay particular attention to the...more

ACA Liabilities: Workplace Wellness Programs in Crosshairs of EEOC

Employers implementing new voluntary workplace wellness programs that are otherwise compliant with regulations under the Affordable Care Act (ACA) are nevertheless finding themselves in the crosshairs of the Equal Employment...more

EEOC to Issue Proposed Regulations for Wellness Programs

The Equal Employment Opportunity Commission (EEOC) announced recently that it intends to issue proposed regulations in the next 60 days to clarify its enforcement authority under the Americans with Disabilities Act (ADA) with...more

Grand Theft PHI – Are Vendors Putting You at Risk for a HIPAA Breach?

Your vendor’s employee goes home after a long day of collecting wellness questionnaires and biometric screening results only to wake up the next day to discover that her car has been stolen from her driveway. As you can...more

EEOC Casts Uncertainty on Popular Wellness Programs

Action Item: Employers with wellness programs that involve higher premiums or other increased cost-sharing for employees who do not participate should contact us immediately to discuss their wellness strategies and to assess...more

Wellness Watch

According to reports, more than half of all businesses with over 200 employees ask employees to participate in biometric screening, and nearly 10% of them provide a financial incentive for employees to participate. As a part...more

EEOC Challenges Honeywell’s Wellness Program

The EEOC recently sued Honeywell International, Inc., claiming that Honeywell’s wellness program violated the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). Although the EEOC...more

Quirky Question #247, An Update on Wellness Programs

Question: Our company has been considering implementing financial incentives for employees to participate in biometric screening as part of an employee wellness program. Are there legal issues we should be...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 4: EEOC v. Honeywell and the Future of Wellness Programs

While my entries have focused principally on the employer shared responsibility rules of the Affordable Care Act (ACA), every once in a while an item comes along that nevertheless grabs my attention. The treatment of wellness...more

Employment Law - November 2014 #2

EEOC’s Wellness Challenge Feeling Under the Weather - Why it matters: The Equal Employment Opportunity Commission’s (EEOC) efforts to challenge employer wellness programs hit a snag when a federal court judge in...more

EEOC Promises Guidance On Wellness Programs In February

Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic...more

EEOC Wellness Program Suits Highlight Need for Agency Guidance

The EEOC has been pursuing litigation against wellness programs of late, arguing that certain health plan penalties render participation in wellness program health screens ”involuntary” and thus violate Americans with...more

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

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