There has been a flurry of recent legal newsletters and blog entries about the changes to wellness programs effective on January 1, 2019. The consistent theme of these articles is that wellness programs will be significantly...more
Over the past several years, employers have increased the breadth and depth of their employee wellness programs. Many programs give rewards for biometric screenings and attending health fairs on the employer’s premises, as...more
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
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
The debate on the interaction between wellness programs, the ADA prohibition on involuntary medical exams and the ADA safe harbor relating to employee benefit plans will not be clarified. Last week, the U.S. Court of Appeals...more
Although the U.S. District Court for the Eastern District of Wisconsin held that the employer wellness program at issue in EEOC v. Orion Energy Systems did not violate the ADA, the EEOC may find much it likes in this court’s...more
The IRS Office of Chief Counsel has released a memorandum (Number 201622031) confirming that the following rewards and incentives result in additional taxable wages to the employee: -
Cash rewards payable to an employee...more
The EEOC issued two final rules today relating to wellness programs, as well as questions and answers, explaining how the ADA and Title II of GINA apply to employer wellness programs that request information from employees...more