News & Analysis as of

Americans with Disabilities Act (ADA) Health Insurance Portability and Accountability Act (HIPAA)

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your July To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. To ensure you stay on top of the latest changes and have an action plan for...more

Akerman LLP - HR Defense

Fitbits at Work: Navigating the Legal Risks of Wearables in Corporate Wellness Programs

At a time where personal fitness devices track everything from heart rate to sleep quality, employers are increasingly integrating wearable technology — like Fitbits, Apple Watches, and Oura Rings — into their corporate...more

Venable LLP

An Employer's Legal Compliance Guide to Handling Employee Medical Information

Venable LLP on

Employers' access to, and retention of, employee medical information can be fraught with legal risk. Even the most seasoned HR professionals have trouble navigating the complex rules and regulations governing employee medical...more

McAfee & Taft

Employer health plan surcharges pose litigation risks

McAfee & Taft on

Many employers implement wellness programs into their employee health plan offering. Wellness programs have varying designs but commonly offer premium discounts to participants who are tobacco-free or achieve certain...more

Troutman Pepper Locke

Navigating Legal Strategies for Covering GLP-1s in Self-Insured Medical Plans — Employee Benefits and Executive Compensation...

Troutman Pepper Locke on

In this episode of Troutman Pepper Locke's Employee Benefits and Executive Compensation podcast, hosts Lydia Parker and Lynne Wakefield explore the complex legal landscape surrounding the coverage of GLP-1s prescribed for...more

Epstein Becker & Green

Gender-Affirming Care Protections Eroded by Recent HHS Guidance and White House Executive Orders

Epstein Becker & Green on

On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) announced the recission of “HHS Notice and Guidance on Gender Affirming Care, Civil Rights, and Patient Privacy” (the...more

Husch Blackwell LLP

HHS Rescinds 2022 Guidance on Anti-Discrimination and Privacy in Gender-Affirming Care

Husch Blackwell LLP on

On February 20, 2025, the U.S. Department of Health and Human Services (HHS) Office for Civil Rights (OCR) issued a letter rescinding with immediate effect its March 2022 “HHS Notice and Guidance on Gender Affirming Care,...more

Jackson Lewis P.C.

Happy Privacy Day: Emerging Issues in Privacy, Cybersecurity, and AI in the Workplace

Jackson Lewis P.C. on

As the integration of technology in the workplace accelerates, so do the challenges related to privacy, cybersecurity, and the ethical use of artificial intelligence (AI). Human resource professionals and in-house counsel...more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

Warner Norcross + Judd on

A “tobacco surcharge” is part of many employers’ wellness programs, where the employer charges tobacco users higher health insurance premiums than non-tobacco users. A typical tobacco surcharge program will ask an employee if...more

BCLP

AI in the Workplace: Using Artificial Intelligence Intelligently

BCLP on

Ready or not, artificial intelligence (“AI”) is here, and even if your company hasn’t introduced or approved the use of AI, chances are your employees are already using it....more

Ballard Spahr LLP

Tobacco Surcharge Lawsuits Lighting Up Common Wellness Program Designs

Ballard Spahr LLP on

A new and unprecedented wave of class action complaints is targeting a common feature of many employer-sponsored benefit plans: tobacco-user surcharges. These surcharges are often part of a wellness program that charges...more

Constangy, Brooks, Smith & Prophete, LLP

Reasonable accommodation and the ADA: Top 8 rules for employers

If you follow these, you should be in great shape. Reasonable accommodation under the Americans with Disabilities Act continues to flummox many employers. But it shouldn’t be that hard, at least not in most cases. Here are...more

Holland & Hart LLP

New ACA 1557 Non-Discrimination Rules: Checklist For Healthcare Providers

Holland & Hart LLP on

On May 6, 2024, the Department of Health and Human Services (HHS) published its final rule revamping the non-discrimination regulations issued under § 1557 of the Affordable Care Act.  The revised rules apply to all...more

BCLP

Genetic Privacy: The Next Target in Class Action Litigation for Illinois Employers

BCLP on

Illinois employers are likely still reeling from the thousands of biometric privacy class action lawsuits that have flooded court dockets over the last 5 years. Another wave is coming—this time, under the Illinois Genetic...more

Jackson Lewis P.C.

Importance of Protecting Employee Information as Privacy and Cybersecurity Laws Proliferate

Jackson Lewis P.C. on

Most human resources professionals are concerned about the privacy and security of the vast amounts of personal information they manage. This article discusses steps to consider taking against the challenges. Deluge of...more

Bass, Berry & Sims PLC

2023 ERISA Welfare Plan Automatic Participant Disclosures Checklist

Bass, Berry & Sims PLC on

ERISA requires plan sponsors to distribute SPDs to inform participants of their benefits, rights, and obligations under the plan and describe how the plan operates. Department of Labor (DOL) regulations (available here)...more

Jackson Lewis P.C.

Websites: A Growing Compliance Concern – CCPA, HIPAA, Accessibility, State Laws…(Updated)

Jackson Lewis P.C. on

Websites play a vital role for organizations. They facilitate communication with consumers, constituents, patients, employees, donors, and the general public. They project an organization’s image and promote goodwill, provide...more

Sullivan & Worcester

Winter 2023 Employment and Benefits Updates

Sullivan & Worcester on

SECURE 2.0 Act - As part of a large year-end piece of legislation, the provisions known as SECURE 2.0 Act of 2022 (“SECURE 2.0”) were enacted into law. SECURE 2.0 represents a broadly bipartisan piece of legislation that...more

Constangy, Brooks, Smith & Prophete, LLP

Is faxing a reasonable accommodation?

Remember faxes? I don't. A 70-year-old home health care nurse (RN) has sued her employer under the Americans with Disabilities Act and the Age Discrimination in Employment Act....more

Cozen O'Connor

Employment Law Now VI-121 - Top 5 Fall Things You Need To Know

Cozen O'Connor on

Today's new episode looks at the five developments you need to know now, including the new proposed independent contractor rule, the EEOC's new required poster, NLRB efforts to monitor your monitoring, salary transparency...more

Bass, Berry & Sims PLC

2022 ERISA Welfare Plan Automatic Participant Disclosures Checklist

Bass, Berry & Sims PLC on

We recognize that many companies sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist with that process, we have prepared an...more

BakerHostetler

HHS and DOJ Issue Joint Guidance on Nondiscriminatory Telehealth Practices

BakerHostetler on

​​​​​​​To coincide with the 32nd anniversary of the Americans with Disabilities Act (ADA), the Department of Health and Human Services Office for Civil Rights (OCR) and the Department of Justice’s Civil Rights Division (CRT)...more

Pillsbury - Policyholder Pulse blog

Abortion as an Employee Health Benefit – How to Protect against Potential Liability Post-Dobbs

Amazon. Bank of America. Citigroup. Dick’s Sporting Goods. JP Morgan. Kroger. Meta. Microsoft. Procter & Gamble. Target. Walt Disney Company. These are just a few of what is a growing list of companies that have offered to...more

Holland & Hart - The Benefits Dial

Talk About Bruno . . . Health Plan Premium Surcharges & Vaccination Status

Last week, the US Supreme Court blocked the OSHA standard requiring private employers with 100 employees or more to vaccinate-or-test for COVID-19 from taking effect (more info here). With the fate of that standard likely...more

Rumberger | Kirk

COVID-19 Litigation: What Hotels Have Learned and How to Mitigate Future Exposure

Rumberger | Kirk on

With travelers returning to hotel destinations across the world, threats of COVID-19 contamination continue to expose the hospitality industry to various legal risks. With more than 2,000 COVID-related cases currently on file...more

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