Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program.
Employers should review...more
Plans for the "new" EEOC.
As I have posted many times, the Equal Employment Opportunity Commission still has a 3-2 Republican majority, but that will end in July, when former Chair Janet Dhillon's term expires. ...more
Some Q and A.
Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information...more
1/15/2021
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employer Group Health Plans ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Register ,
GINA ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Medical History ,
Risk Assessment ,
Safe Harbors ,
Voluntary Participation ,
Wellness Programs
It's spring, and a young person's fancy turns to . . .
. . . why, the federal regulatory agenda! What else?
Here are the items that I think will be of most interest to our readers....more
A not unexpected development.
The Equal Employment Opportunity Commission has officially rescinded its regulations on wellness incentives under the Americans with Disabilities Act and the Genetic Information...more
Have I missed any?
A recent poll of 2,000 American workers said that people have an average of about 60 bad days a year.
(People actually keep track of such things? And, define "bad.")
Of those 60-some bad days a year, 80...more
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
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
With President Trump in office for nine months now, it is hard to believe that none of his people are yet on the Equal Employment Opportunity Commission. The four current Commissioners, including the Acting Chair, Republican...more
The month of August was not kind to the Equal Employment Opportunity Commission. The EEOC’s wellness regulations were shot down by a federal court in the District of Columbia, and earlier this week the agency was told that it...more
(You’ve been warned.)
As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not...more
I’ve written about the AARP’s challenge to the wellness rules issued by the Equal Employment Opportunity Commission.
Yesterday, the court granted the AARP’s motion for summary judgment and denied the EEOC’s motion....more
I’ve written about the lawsuit filed by the AARP against the U.S. Equal Employment Opportunity Commission, seeking to invalidate the EEOC regulations relating to wellness programs and the Americans with Disabilities Act and...more
A federal judge in the District of Columbia has denied the AARP’s request for a preliminary injunction against the wellness rules issued by the Equal Employment Opportunity Commission last May. As a result, the EEOC rules —...more
The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect.
We have the two lawsuits against the U.S....more
The Equal Employment Opportunity Commission has issued a sample “wellness notice” that employers can give to employees before they are asked to provide medical information in connection with wellness-related health risk...more
“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 Standards...more
5/20/2016
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Electronic Filing ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
OSHA ,
Wage and Hour ,
Wellness Programs ,
White-Collar Exemptions ,
Workplace Injury
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
The U.S. Equal Employment Opportunity Commission released today its final rules governing wellness programs and how wellness incentives mesh with the restrictions in the Americans with Disabilities Act and the Genetic...more
The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to...more
12/23/2015
/ Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Job Applicants ,
NLRB ,
OSHA ,
Over-Time ,
Paternity ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Religious Discrimination ,
Sanctions ,
SCOTUS ,
Summary Judgment ,
Wellness Programs
Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment Opportunity Commission. I also promised a more...more
Recently, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. The GINA proposal accompanies a proposed rule on employer wellness...more
Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness...more
The proposed rule clarifies that an employer may offer, as a part of its health plan, a limited incentive to an employee whose spouse is covered under the employee’s health plan; receives health or genetic services offered by...more
The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect...more