News & Analysis as of

Genetic Information Nondiscrimination Act

Employee Benefits Developments - January 2018

by Hodgson Russ LLP on

The Employee Benefits practice group is pleased to present the Benefits Developments Newsletter for the month of January 2018. ...more

Wellness Program Uncertainty Continues

by Hodgson Russ LLP on

The US District Court for the District of Columbia recently ruled to vacate the Equal Employment Opportunity Commission (EEOC) wellness program regulations effective January 1, 2019. In August 2017, the same court ruled that...more

The Fate Of The EEOC’s Wellness Regulations Is Still Uncertain

by Jackson Lewis P.C. on

In October 2016, AARP sued the Equal Employment Opportunity Commission (“EEOC”) under the Administrative Procedures Act (“APA”) arguing that there was no explanation for the shift in the EEOC’s position relating to what makes...more

A New Year, A New Wellness Program

by Seyfarth Shaw LLP on

Seyfarth Synopsis: New Year’s resolutions typically address health and well-being. Many among us have resolved this year to get off the couch, to sweat a bit more often to the “oldies,” to meditate and be mindful, and to eat...more

Back to the Drawing Board: Employer Wellness Program Uncertainty in Light of AARP v. EEOC

by K&L Gates LLP on

Despite a rapidly growing and changing compliance landscape, employers have continued to offer wellness programs in an effort to control rising health-care costs and improve employees’ overall health and productivity. In...more

Federal Court Strikes Down Certain EEOC Wellness Program Regulations, Effective January 1, 2019

by SmithAmundsen LLC on

In a recent decision with a nation-wide effect, the U.S. District Court for the District of Columbia struck down certain provisions of the EEOC’s Wellness Program regulations. As we have previously discussed, workplace...more

Update on Employer Wellness Incentives

by Davis Brown Law Firm on

Employers sponsoring wellness plans may see changes to the regulations authorizing these programs over the next year in light of a recent federal district court decision. Background - Last summer, a federal district...more

Federal Court Nixes EEOC's Wellness Rules But Delays Effective Date

In 2015, the Equal Employment Opportunity Commission adopted regulations that limit the amount of incentives employers can provide employees to participate in wellness programs under the companies’ group medical insurance...more

Be Prepared: Changes To Workplace Wellness Programs Coming In 2019

by Jackson Lewis P.C. on

Though still a year away, employee health plans are in for significant change beginning January 1, 2019. This modification is the result of a longstanding argument about plan administration. ...more

Federal Court Vacates Incentive Provisions of EEOC Wellness Regulations Beginning in 2019

by Clark Hill PLC on

On December 20, 2017, Judge John D. Bates of the United States District Court for the District of Columbia issued an order vacating the incentive provisions of the United States Equal Employment Opportunity Commission...more

Court Vacates Parts Of EEOC Wellness Rules, Effective 1/1/19

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

Employers Must Consider the ADA Before Requiring Medical Examinations

by Conn Maciel Carey LLP on

Depending on your industry, it may be commonplace for you as an employer to require medical examinations of employees for a specific purpose in order to ensure the safety and health of those employees. This often occurs, for...more

Agency Heads Discuss Changes in Regulatory Direction During Federalist Society Panel

by Littler on

The current leaders of the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board addressed transitions and regulatory plans at their respective agencies at a November 16 forum. ...more

Checking In On GINA: Revisiting the EEOC’s Rules on the Genetic Information Nondiscrimination Act

by Fisher Phillips on

On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued regulations governing the treatment of wellness programs under the Genetic Information Nondiscrimination Act (“GINA”), as well as under the...more

Top 5 Tips For Conducting Pre-Employment Medical Exams

by Jackson Lewis P.C. on

In a recently filed lawsuit, the U.S. Equal Employment Opportunity Commission contends that Consolidated Edison Co. (“Con Ed”) violated the Americans with Disabilities Act (“ADA”) and the Genetic Information...more

Open Enrollment for 2018: Don’t Forget about HIPAA!

With open enrollment in full swing for many employers, now is a good time to review employee benefit communications. Plan sponsors of health plans are generally responsible for properly administering all of the health plan...more

EEOC alleges medical exams and questionnaires violate ADA, GINA

by McAfee & Taft on

The Americans with Disabilities Act (ADA) limits an employer’s ability to make disability-related inquiries or subject individuals to medical exams. No such inquiries or exams may be made until an offer of employment is made....more

The ADA: Four Issues To Watch In 2018

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

Employee Wellness Developments: Keeping Your Finger on the Pulse

by Akerman LLP - HR Defense on

As we alluded in our “Preparing for the Unknown: Open Enrollment 2018” blog post, employers that are finalizing their employee benefit plan designs in advance of the 2018 plan year would be well-advised to monitor the...more

ERISA Newsletter - Third Quarter 2017

by Proskauer Rose LLP on

Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more

EEOC Sues Dollar General for Disability And Genetic Information Discrimination

Retail Giant Rescinded Job Offers Based on Disabilities and Demanded Family Medical History During Post-Offer Medical Exams, Federal Agency Charges - BIRMINGHAM, Ala. - Dolgencorp, LLC, dba Dollar General Stores, Inc.,...more

Tick, Tock….The EEOC Runs Out The Clock – Fiscal Year 2017 Marks A Last Minute Return To Frantic Filing

by Seyfarth Shaw LLP on

Seyfarth Synopsis: With uncertain times and profound changes anticipated for the EEOC, employers anxiously await what enforcement litigation the EEOC has in store. Although 2016 showed a marked decline in filings, fiscal year...more

Wellness Comes to Those Who Wait: EEOC Provides Timeline for Update to Regulations

On September 21, 2017, the U.S. Equal Employment Opportunity Commission (EEOC) filed a status report with the U.S. District Court for the District of Columbia in response to that court’s August 22, 2017, ruling against the...more

EEOC Says It Will Not Propose New Regulations for Employer Wellness Programs Until August 2018

by Pepper Hamilton LLP on

As we reported previously, on August 22, the U.S. District Court for the District of Columbia directed the Equal Employment Opportunity Commission (EEOC) to reconsider its regulations on employer wellness programs under the...more

Trump’s EEOC Nominations Are Rocking Along – And Here’s What We Can Expect

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

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