News & Analysis as of

Safe Harbors Genetic Information Nondiscrimination Act

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

Constangy, Brooks, Smith & Prophete, LLP

What's In Those Proposed Wellness Regs?

Some Q and A. Last week (while I was on vacay), the Equal Employment Opportunity Commission issued proposed regulations on wellness programs and the Americans with Disabilities Act and the Genetic Information...more

Jackson Lewis P.C.

Wellness Programs And Water Bottles, The EEOC Proposes New Rules Under The ADA And GINA

Jackson Lewis P.C. on

Since 1996, when Congress passed the Health Insurance Portability and Accountability Act (HIPAA), employers have been struggling with whether and to what extent they could offer incentives to employees to participate in...more

Snell & Wilmer

EEOC Removes 30% Incentive Safe Harbor from Wellness Program Regulations

Snell & Wilmer on

The Equal Employment Opportunity Commission (the “EEOC”) issued final rules, published in the Federal Register on December 20, 2018, that remove the 30% incentive provisions from the EEOC’s wellness program regulations...more

BCLP

ADA Tip: Remember To Include GINA Safe Harbor Language When Requesting Medical Information For Purposes Of Evaluating An...

BCLP on

Although employers are generally prohibited from obtaining medical information about their employees, they are permitted to do so in certain circumstances, including when such information is necessary to evaluate a job...more

Parker Poe Adams & Bernstein LLP

Seventh Circuit Dismissal Signals Likely End to EEOC’s Challenges to Employer-Sponsored Wellness Programs

Several years ago, the Equal Employment Opportunity Commission (EEOC) raised employers’ eyebrows when it filed several lawsuits challenging the validity of employer-sponsored wellness programs. The EEOC contended that such...more

Littler

Half a Loaf: Court Rejects ADA "Safe Harbor" But Approves Pre-Regulations Wellness Program as "Voluntary"

Littler on

The EEOC’s attack on employee wellness programs as unlawful under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) that began in 2014 with three lawsuits, and continued with...more

Epstein Becker & Green

Benefits Litigation Update – Summer 2016

Epstein Becker & Green on

Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update (“Update”). The Update is a publication which provides four primary components... ...more

Mintz - Employment Viewpoints

In Case You Missed It: The EEOC Sneaks in Its Final Wellness Program Rule Ahead of The DOL’s New OT Rule

The employer community was sent into a frenzy with the Department of Labor’s release on May 18, 2016 of its final white-collar overtime regulations. Just two days before however, the Equal Employment Opportunity Commission...more

Miller Canfield

EEOC Issues Final Rules on Employer Wellness Programs; Clarifies Position on Incentive Caps, Confidentiality and ADA’s “Safe...

Miller Canfield on

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

McNees Wallace & Nurick LLC

The Increasingly Complex Law of Wellness Program Incentives

Case Study. A manufacturer wants to promote better health among its workforce by implementing a wellness program. Trying to keep it simple, the employer tells employees that they will receive a $50 per month credit toward...more

Seyfarth Shaw LLP

Another Judge Puts the Breaks on EEOC Wellness Plan Overreach

Seyfarth Shaw LLP on

Our firm has acknowledged recently that there are some questions about the authority of the EEOC to issue its proposed wellness regulations that claim legitimacy under the Americans with Disabilities Act (ADA). Just before...more

Baker Donelson

Newly Revised Model FMLA Forms Are Now Available

Baker Donelson on

With little fanfare and no advance notice, the Department of Labor (DOL) has posted new model Family Medical Leave Act (FMLA) forms. The previous model FMLA forms expired on February 28, 2015 (note the expiration date in the...more

Littler

DOL Issues Updated FMLA Notices and Forms Addressing GINA "Safe Harbor" Language Requirements

Littler on

The U.S. Department of Labor (DOL) recently issued new versions of the agency's template Family and Medical Leave Act (FMLA) notices and certification forms, which have been approved for use for the next three years.  The new...more

Holland & Knight LLP

DOL Releases Updated FMLA Health Care Provider Certification Forms - Employers: Begin Using the New Forms Immediately; Note the...

Holland & Knight LLP on

The U.S. Department of Labor (DOL) recently published updated health care provider certification forms for employers to provide employees who request leave under the Family and Medical Leave Act (FMLA) due to any one of the...more

Miller & Martin PLLC

The DOL Issues New FMLA Forms

Miller & Martin PLLC on

The DOL has issued new FMLA leave certification forms. The only changes are a new May 31, 2018 expiration date, a few more instructions from the DOL regulations and a reference to the GINA safe harbor exception....more

Franczek P.C.

Employers Must Begin Using Updated FMLA Forms And Poster Starting March 8, 2013

Franczek P.C. on

Earlier this month, the Department of Labor issued final new rules regarding the amendments to military family leave, flight crew eligibility and a handful of other relatively minor issues. ...more

Pillsbury Winthrop Shaw Pittman LLP

Wellness Programs: Keeping Up With the Times

On November 20, 2012, the IRS, DOL and HHS jointly issued proposed regulations under the Affordable Care Act building on existing HIPAA regulations of wellness programs. The new proposed regulations provide clearer guidance...more

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