News & Analysis as of

Americans with Disabilities Act (ADA) Wellness Programs Employee Benefits

Fisher Phillips

5 Ways to Support Employees in the Sandwich Generation Managing Child and Elder Care

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It’s hard enough to juggle a career and childcare responsibilities — but many employees with young children also have aging parents who need their help, too. Expenses, time constraints, emotional decision-making, and...more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

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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

Groom Law Group, Chartered

Wellness Programs Under Scrutiny in EEOC’s New Wearable Devices Guidance

In December 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) published a fact sheet addressing how federal nondiscrimination laws, such as the Americans with Disabilities Act (“ADA”), may apply to an employer’s...more

FordHarrison

Best of EntertainHR 2023

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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

Bass, Berry & Sims PLC

2022 ERISA Welfare Plan Automatic Participant Disclosures Checklist

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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

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

Clark Hill PLC

EEOC Releases Wellness Program Guidance

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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

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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

Groom Law Group, Chartered

EEOC Releases Much-Anticipated Proposed ADA and GINA Wellness Rules

On January 7, 2021, the Equal Employment Opportunity Commission (“EEOC”) finally released proposed rules regarding wellness programs under Title I of the Americans with Disabilities Act (“ADA”) (“ADA Proposed Rule”) and Title...more

Davis Wright Tremaine LLP

Proposed EEOC Regulations Prohibit Offering More Than De Minimis Incentives for Participating in Most Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) proposed new rules regarding how employers can provide incentives to employees to participate in wellness programs without violating the law. The key is...more

Epstein Becker & Green

How Big Can the Carrot Be? The EEOC’s New Proposed Rules Regarding Permissible Level of Incentives in Health-Contingent Workplace...

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Many employers have established wellness programs to promote employee health and, in doing so, help counter the ever increasing costs associated with employer-sponsored health benefit plans. Often employers want to establish...more

Seyfarth Shaw LLP

EEOC Wellness Rules Proposed, Water Bottle Enthusiasts Rejoice

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Synopsis: For years, employers have struggled to understand what level of incentives in wellness programs might be considered “voluntary” under the Americans with Disabilities Act (ADA). ...more

Seyfarth Shaw LLP

EEOC’s New ADA Regulations Could Complicate Employer Plans’ Efforts to Offer Incentives for Getting the COVID Vaccine as Part of a...

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Seyfarth Synopsis: As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce. Some employers are considering making vaccination...more

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

EEOC Issues Long-Awaited Proposed Wellness Program Rules

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its revamped proposed rules governing employer-sponsored wellness programs. These proposed rules have been a long time coming, with the EEOC’s prior...more

Seyfarth Shaw LLP

EEOC’s New ADA Regulations Could Complicate Employer Plans to Offer Incentives for Getting the COVID Vaccine as Part of a Wellness...

Seyfarth Shaw LLP on

As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce.  Some employers are  considering making vaccination mandatory. ...more

Fisher Phillips

A Second Bite At The Apple: EEOC Releases Plan For New Wellness Program Rule

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Is the EEOC finally ready to replace its invalidated rule allowing employers to incentivize participation in employer-sponsored wellness programs? Just maybe. Late last week, the EEOC voted 2-1 to send a notice of proposed...more

Amundsen Davis LLC

Has Your Wellness Program Had A Check-Up Lately?

Amundsen Davis LLC on

Wellness programs are a popular employee benefit. Whether an employer already has a program in place or is considering implementing one, it should be mindful of the requirements of federal law. The Health Insurance...more

Fisher Phillips

Limbo No More? EEOC May Soon Publish New Wellness Program Rules

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Pushing its deadline back for the second time, the Equal Employment Opportunity Commission (EEOC) recently announced that it plans to issue amended regulations related to incentivizing participation in employer-sponsored...more

Cozen O'Connor

Workplace Wellness Programs – Key Legal Considerations

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Wellness programs have been, and continue to be, of interest to both employees and employers. Employees are more and more aware of healthy living initiatives. ...more

Jackson Lewis P.C.

Wellness Programs Continue To Face Compliance Challenges

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The rules for employer-sponsored wellness programs continue to be a moving target; most recently, regulations issued by the Equal Employment Opportunity Commission (“EEOC”) intending to address issues under the Americans with...more

Polsinelli

Employers: Be Mindful When Implementing Wellness Programs

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In October 2016, the American Association of Retired Persons (AARP) sought an injunction against the implementation of the Equal Employment Opportunity Commission’s (EEOC) final rules on wellness programs, alleging that the...more

Miller Canfield

EEOC Rescinds Wellness Regulations

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The Equal Employment Opportunity Commission ("EEOC") has rescinded Wellness Regulations it originally issued in May 2016. The change, which took effect on Jan. 1, 2019, has created uncertainty for employers who collect...more

Akerman LLP - Health Law Rx

New Year, New Wellness Program Rules

Employers with established wellness programs that collect health information and/or require a medical exam can no longer rely on the EEOC regulations to justify that incentives provided under their wellness programs are...more

Ballard Spahr LLP

EEOC Withdraws Wellness Incentive Guidance

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The Equal Employment Opportunity Commission (EEOC) has formally withdrawn the provisions in its regulations governing wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Rescinds Wellness Incentive Rules

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

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