News & Analysis as of

Americans with Disabilities Act (ADA) Wellness Programs

Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

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

FordHarrison

Best of EntertainHR 2023

FordHarrison on

Pop culture—the modern “popular culture” transmitted via the mass media and aimed particularly at younger people—shapes and is shaped by the world around us. And, with nearly 5.5 billion TV viewers worldwide, it’s no surprise...more

Faegre Drinker Biddle & Reath LLP

Employers, There is a New EEOC Workplace Poster and You Should Post it Immediately

On October 20, 2022, the Equal Employment Opportunity Commission (EEOC) released a new “Know Your Rights” poster, which replaces the former “EEOC is the Law” poster. EEOC Chair Charlotte Burrows described the new poster...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Mental Health in the Workplace: Addressing Employee Wellness and Raising Awareness in a Modern Era

With more employees returning to the office and physical workplaces as pandemic restrictions are eased and with an increasingly competitive labor market, it is especially important that employers be vigilant in responding to...more

Fisher Phillips

10 Steps to Mental Health Wellness for Your Employees

Fisher Phillips on

The seemingly never-ending pandemic has affected all aspects of the workplace, with employee mental health and well-being becoming one of the top employee-related issues you need to deal with on a daily basis. The EEOC...more

Laner Muchin, Ltd.

What Employers Need to Consider When Implementing Vaccine Incentives or Surcharges Through a Wellness Program

Laner Muchin, Ltd. on

When the vaccines became widely available this past spring, employers contemplated offering incentives such as cash payments, extra paid time off and discounts on health insurance premiums to entice employees to get...more

Mintz - Employment Viewpoints

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated

Imposing Group Health Plan Monthly Surcharges on the Unvaccinated - Calling it “a more-punitive approach toward getting its workforce vaccinated against Covid-19,” the Wall Street Journal recently reported that Delta...more

Nelson Mullins Riley & Scarborough LLP

Utilizing Wellness Programs to Incentivize COVID-19 Vaccinations

Delta Airlines made headlines this month by announcing that it will charge employees on its group health plan a $200 surcharge for failure to receive the COVID-19 vaccination. Although there is potential for conflict with a...more

Parker Poe Adams & Bernstein LLP

Can Employers Charge Higher Group Medical Insurance Premiums for Unvaccinated Employees?

As many companies continue to struggle with low employee COVID-19 vaccination rates, some employers are evaluating imposing higher premiums for unvaccinated employees under their group medical plans. These employers see this...more

Seyfarth Shaw LLP

Anti-Vax Tax Facts: Legal Considerations for Premium Differentials Based on Vaccination Status

Seyfarth Shaw LLP on

Seyfarth Synopsis: As employers continue to struggle with strategies for safely re-opening their workplaces, we have previously discussed the possibility of mandating a vaccine or providing incentives for getting the vaccine....more

Jackson Lewis P.C.

Incentives: From Water Bottles To “Not So Substantial”

Jackson Lewis P.C. on

For years (and we do mean years), the EEOC has waffled about whether incentives were permissible in connection with a medical inquiry under a voluntary wellness program. Friday, the EEOC issued its most recent pronouncement...more

Miles & Stockbridge P.C.

Employers Give It A “Shot” - How the Covid-19 Vaccine May Impact the Workplace: Part 2: Can You Offer Employees Incentives for...

There’s a legal answer and a practical one. Because we’re lawyers, let’s start with the legal answer. Yes, an employer can offer employees incentives to get vaccinated....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Vaccine Incentives - You Have Questions, We Have Answers

More than a year into the COVID-19 pandemic, employers are happy to be more focused on vaccine issues than on issues relating to furloughs and layoffs. As record numbers of vaccinations take place daily, many employers...more

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

Jackson Lewis P.C.

Lawmakers Seek Clarity On EEOC Regulations Concerning Incentives For COVID-19 Vaccinations

Jackson Lewis P.C. on

Providing incentives for employees to get the COVID-19 vaccine continues to be on the minds of organizations as vaccinations pick up speed. However, concerns about privacy and the shifting positions on wellness program...more

Snell & Wilmer

Not So Fast: EEOC Withdraws Its Recently Issued Proposed Rules Addressing Employer Vaccination Incentives

Snell & Wilmer on

Employers may recall that, in the final days of the Trump Administration, the EEOC issued proposed regulations addressing incentives related to wellness programs and their lawfulness under the Americans with Disabilities Act...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

Epstein Becker & Green

EEOC Withdraws Proposed Wellness Incentive Rules — Increasing Employer COVID-19 Vaccination Incentive Uncertainties

Epstein Becker & Green on

We previously discussed the EEOC’s proposed new wellness program incentive rules under the ADA and GINA in our post, How Big Can the Carrot Be? The proposed rules were to replace the EEOC’s previous “health-contingent”...more

Ballard Spahr LLP

EEOC Withdraws Proposed ADA Wellness Program Rules, Leaving Vaccine Incentives in Limbo

Ballard Spahr LLP on

As employers wrestle with whether to require vaccines for employees or how to encourage employees to get vaccinated voluntarily, many companies are implementing incentive programs that provide gifts, paid time off and even...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED February 2021

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules. If the proposed rules become effective, they will significantly restrict the ability of employers to provide incentives...more

K&L Gates LLP

COVID-19: EEOC Withdraws Proposed Rules on Employer Wellness Incentives, Leaving Uncertain the Permissibility of COVID-19...

K&L Gates LLP on

The U.S. Equal Employment Opportunity Commission (EEOC) announced last Friday that it was withdrawing two proposed rules regarding the incentives employers can provide their employees as part of a wellness program without...more

Clark Hill PLC

EEOC Releases Wellness Program Guidance

Clark Hill PLC on

The EEOC recently released proposed regulations about wellness programs. Key takeaways include a program safe harbor and when only de minimum benefits can be provided. Additionally, the guidance provides insights into the...more

Snell & Wilmer

Wellness Program Incentives – New Year, New EEOC Proposed Rules

Snell & Wilmer on

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

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives

Husch Blackwell LLP on

On January 7, the Equal Employment Opportunity Commission (EEOC) issued proposed wellness program rules that, if they become effective, will significantly restrict the ability of employers to provide incentives to participate...more

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