Employment Law Now VI-121 - Top 5 Fall Things You Need To Know
The Burr Broadcast – Labor and Employment Update
Vaccines in the time of COVID [More with McGlinchey, Ep. 15]
#WorkforceWednesday: Congress Passes Relief Bill, EEOC's Vaccine Guidance, Return to Work Delayed - Employment Law This Week®
BYOD (Bring Your Own Device)... *Liability and Data Breach Sold Separately
Recent breakthroughs in generative artificial intelligence (AI) have captured significant media attention. Developers argue that the technology, which learns from data to produce new text, visual, or audio content based on a...more
While the term “caregiver” is not identified as a protected class under federal equal employment opportunity (EEO) laws, workplace decisions that adversely impact job applicants and employees who are also caregivers can still...more
The Fall 2021 edition of the Jackson Lewis Class Action Trends Report looks at the class action risks that arise as employers navigate return-to-work during this precarious stage of the COVID-19 pandemic. Employee symptom...more
Per recent federal employment law guidance, private employers can generally require employees to get vaccinated for COVID-19 as long as they comply with federal employment laws that prohibit discrimination on the basis of...more
On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these...more
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
For years, employers have been trying to find the right incentives for employees to embrace wellness programs. If incentives are too meager, employees are not likely to participate. If they are weighted too heavily in favor...more
Q. Are the EEOC’s Wellness Program rules still valid? A. The ADA and the Genetic Information Nondiscrimination Act both permit an employer to seek medical information as part of a wellness program if the employee...more
On Tuesday, August 22, the US District Court for the District of Columbia ordered the EEOC to revisit its controversial rules placing certain limits on employer-sponsored wellness programs under the Americans with...more
When is a financial incentive in an employee-sponsored wellness program so high that employees can’t afford not to participate—rendering the program no longer voluntary? Well (pun intended), the District Court for the...more
A federal judge ruled on Tuesday that the Equal Employment Opportunity Commission (EEOC) must revisit regulations governing employee wellness programs because the agency did not provide adequate supporting information for the...more
The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more
House bill HR 1313, introduced by Representative Virginia Foxx (R.N.C.), proposes to allow companies to require employees to undergo genetic testing, then allow employers to see the results, and impose financial penalties on...more
This Annual Report on EEOC Developments—Fiscal Year 2016 (hereafter “Report”), our sixth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more
Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more
The U.S. District Court for the District of Columbia (Judge Bates) has denied AARP’s request to block the implementation of the EEOC’s final wellness regulations pending a decision on the merits. As we have discussed...more
Public Commission Meeting Hears from Experts on Growing Use of Algorithms to Make Employment Decisions - WASHINGTON - Big Data-the use of algorithms, "data scraping" of the internet, and other means of evaluating tens...more
In EEOC v. Orion Energy Systems, Inc., the Eastern District of Wisconsin rejected the EEOC’s claims that Orion Energy’s wellness program violated the Americans with Disabilities Act (“ADA”). Although the court upheld the...more
The EEOC’s regulations allayed many concerns over the permissible level of incentives/penalties, as well as the challenge of dealing with inconsistent requirements under the various laws. Originally published in The HR...more
The EEOC is increasing the penalty for failure to post the required workplace notices under Title VII, the ADA, and GINA by 150 percent. This increase means the maximum penalty for notice violations will increase to $525 per...more
Employers might want to wander right now into their office break rooms to review the legal rights posters on display to be sure they are current and accessible. Failure to comply with posting requirements will cost employers...more
Represalias, Discriminación Racial y el Acoso Persisten; Quejas de Discapacidad Aumentan - WASHINGTON - La Comisión para la Igualdad de Oportunidades en el Empleo de los EE.UU. (EEOC) reveló hoy un desglose detallado de...more
In this December 18, 2015, article, we discussed employer-sponsored wellness programs and the EEOC's apparent apprehension of them. The article referenced the EEOC's lawsuit against plastics manufacturer Flambeau, Inc. in...more
In June 2013, DOL, HHS and IRS explained that they view employer-sponsored wellness programs as narrow exceptions to the ACA’s health status discrimination prohibition. Early this year, the EEOC slathered-on its own rules,...more
A majority of people recently surveyed believe that their cellphone is the first thing that gets noticed about them. With smartphones becoming a part of our identity and the convenience of carrying and using just one device,...more