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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
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
Wellness programs are trending in the U.S., especially with employers looking for ways to encourage and promote healthy lifestyles for their employees and to reduce the cost of their self-insured group health plan. Regardless...more
Employer wellness programs are a subject of much interest to employers and receive considerable scrutiny from the EEOC and Department of Labor. Employers want to lower their health care costs by improving the health of...more
Employers who sponsor employee wellness programs must plan now to comply with a new notice requirement that takes effect soon. Beginning with the first plan year on or after January 1, 2017, employers sponsoring wellness...more
On the heels of at least two discrimination lawsuits over employer wellness programs, the Equal Employment Opportunity Commission (EEOC) issued two new rules on May 17, 2016 under the Americans with Disabilities Act (ADA) and...more
On June 16, 2016, the EEOC issued its model notice to be used in conjunction with wellness programs that ask disability related inquiries or require medical examinations. The notice requirement applies prospectively to...more
An employer may offer financial incentives to its employees for participating in employee wellness programs that receive health-related information, subject to certain limits. On May 16, 2016, the U.S. Equal Employment...more
Employers implementing wellness programs have a number of laws to navigate: the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA); the Americans with Disabilities Act (ADA); and the Genetic...more
On May 17, 2016, the EEOC issued final regulations on employer-sponsored wellness programs under both the ADA and GINA. Wellness programs have been discussed on this blog before, so I’ll skip the backgrounder. Suffice it to...more
For years, employers have been allowed to offer voluntary wellness programs to employees under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). Both laws generally prohibit...more
On May 16, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued two final rules regarding employer wellness plans, the first to amend existing regulations under the Genetic Information and Non-Discrimination Act...more
On May 16, 2016, the U.S. Equal Employment Opportunity Commission (EEOC) issued final rules on employer-sponsored wellness programs. The final rules clarify the EEOC’s position on wellness plan compliance with the Americans...more
As we previously reported, the Equal Employment Opportunity Commission (EEOC) released Proposed Rules on April 16, 2015 to provide guidance under the Americans with Disabilities Act (ADA) on permissible employer incentives...more
Wellness programs are becoming more popular among employers as a way to promote healthy lifestyles for their employees. Most employers are aware that their wellness programs must comply with the nondiscrimination rules under...more
Despite existing guidance available to employers under the Affordable Care Act (“ACA”) and the Health Insurance Portability and Accountability Act (“HIPAA”), employers have long faced uncertainty about the legality of their...more