On September 9, 2021, President Biden announced that his Administration is implementing a six-pronged, comprehensive national strategy to ensure that all available tools are being used to combat COVID-19. The plan addresses:...more
We previously discussed the EEOC’s proposed new wellness program incentive rules under the ADA and GINA in our post, How Big Can the Carrot Be? The proposed rules were to replace the EEOC’s previous “health-contingent”...more
Welcome to #WorkforceWednesday. This week, we look at the key considerations for offering COVID-19 vaccine incentives and the executive orders President Biden issued last week of note for employers.
EEOC’s Proposed Wellness...more
1/27/2021
/ Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Proposed Rules ,
Reasonable Accommodation ,
Religious Accommodation ,
Vaccinations ,
Wellness Programs
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
In response to a lawsuit brought by New York State (“State”), the U.S. District Court for the Southern District of New York has invalidated four provisions of the U.S. Department of Labor’s (“DOL”) Final Rule (“Rule”)...more
8/17/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Health and Safety ,
Infectious Diseases ,
Paid Leave ,
Public Health ,
Sick Leave ,
Wage and Hour ,
Workplace Safety
Numerous media reports concern the shortage of medical resources, personal protective equipment, and qualified professionals during the growing COVID-19 medical emergency. ...more
Since releasing our Advisory on January 30, 2020, there have been significant developments in connection with the 2019 Novel Coronavirus (“COVID-19” or “Coronavirus”). For example, on February 25, 2020, the U.S. Centers for...more
3/2/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Health and Human Services (HHS) ,
Employer Liability Issues ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
HIPAA Privacy Rule ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Presidential Proclamations ,
Public Accommodation ,
Public Health ,
Traveling Employee ,
World Health Organization
The 2019 Novel Coronavirus (“2019-nCoV” or “Coronavirus”) is a rapidly spreading respiratory illness that is raising important issues for employers....more
1/31/2020
/ Americans with Disabilities Act (ADA) ,
Business Travel ,
Centers for Disease Control and Prevention (CDC) ,
Family and Medical Leave Act (FMLA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Hospitality Industry ,
Human Resources Professionals ,
Infectious Diseases ,
Interim Guidance ,
OSHA ,
Public Health ,
Wage and Hour ,
Workplace Safety ,
World Health Organization
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced that its 2019 EEO-1 Component 2 portal is now open and accepting submissions....more
As summer winds down, the challenges impacting health care employers in 2019 continue to heat up. These challenges include ongoing developments regarding marijuana legalization, employee resistance to vaccination mandates,...more
8/30/2019
/ Americans with Disabilities Act (ADA) ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Liability Issues ,
Health Insurance ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare ,
Healthcare Workers ,
Individual Mandate ,
Marijuana ,
OSHA ,
Tax Cuts and Jobs Act ,
Workplace Safety ,
Workplace Violence
The U.S. Equal Employment Opportunity Commission (“EEOC”) recently announced that its 2019 EEO-1 Component 2 portal is now open and accepting submissions. Employers with this requirement have only 50 days from August 11,...more
8/13/2019
/ Department of Justice (DOJ) ,
Department of Labor (DOL) ,
EEO-1 ,
Electronic Filing ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Filing Deadlines ,
IRS ,
Pay Data ,
Pay Equity Laws ,
Portal ,
Reporting Requirements ,
Wage and Hour
Health care employers should be aware that a recent holding from the U.S. Court of Appeals for the Second Circuit may indicate that courts and juries are beginning to weigh in on the dramatic sexual harassment developments,...more
Almost ten months into the Trump Administration, the executive and legislative branches have been preoccupied with attempting to repeal and replace the Affordable Care Act (“ACA”) – but each attempt has thus far proved...more
11/1/2017
/ Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Gender Identity ,
Health Care Providers ,
Health Insurance ,
Interactive Process ,
Non-Discrimination Rules ,
Restrictive Covenants ,
Section 1557 ,
Sexual Orientation Discrimination
A year ago, employers across the country prepared for the implementation of a new overtime rule that would dramatically increase the salary threshold for white-collar exemptions, on the understanding that the new rule would...more
9/29/2017
/ Arbitration ,
Barack Obama ,
Class Action Arbitration Waivers ,
Department of Labor (DOL) ,
Employee Definition ,
Fair Labor Standards Act (FLSA) ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Murphy Oil v NLRB ,
Popular ,
Tip Credit ,
Tip-Pooling ,
Trump Administration ,
Unpaid Overtime ,
Wage and Hour ,
White-Collar Exemptions
On August 22, 2017, the U.S. District Court for the District of Columbia held that the U.S. Equal Employment Opportunity Commission’s (“EEOC”) regulations defining what incentives an employer may use to promote participation...more
8/28/2017
/ AARP ,
Affordable Care Act ,
Americans with Disabilities Act (ADA) ,
Employee Benefits ,
Employer Group Health Plans ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Incentives ,
Information Reports ,
Medical Examinations ,
Wellness Programs
On December 12, 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a new resource document emphasizing that, under the Americans with Disabilities Act of 1990 (“ADA”), job applicants and employees with mental...more
Employers in the health care industry are likely to face significant changes under President-elect Donald J. Trump’s administration and should expect a healthy dose of uncertainty for the next few months. During his campaign,...more
12/7/2016
/ Affordable Care Act ,
Covered Entities ,
Department of Health and Human Services (HHS) ,
Final Rules ,
Health Care Providers ,
Hiring & Firing ,
Non-Discrimination Rules ,
OCR ,
Patient Privacy Rights ,
Trump Administration ,
Unions ,
Vaccinations
A Publication from Epstein Becker Green and The ERISA Industry Committee -
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more
11/23/2016
/ 401k ,
Americans with Disabilities Act (ADA) ,
Article III ,
Berkshire Hathaway ,
Class Action ,
Defined Contribution Plans ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
Investment ,
Mental Health ,
Mergers ,
Pensions ,
Preemption ,
Retirement Plan ,
Safe Harbors ,
Standing ,
Wellness Programs
As our colleagues reported earlier this month, on May 18, 2016, the U.S. Department of Health and Human Services (“HHS”) issued a final rule titled “Nondiscrimination in Health Programs and Activities” (“Final Rule”)...more
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...more
7/14/2016
/ Americans with Disabilities Act (ADA) ,
De-Risking ,
Department of Labor (DOL) ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Preemption ,
Safe Harbors ,
Wage and Hour ,
Wellness Programs
On May 17, 2016, the Equal Employment Opportunity Commission (“EEOC”) published in the Federal Register its final rule setting forth the EEOC’s interpretation of the extent to which employers may use incentives to encourage...more
A Publication from Epstein Becker Green and The ERISA Industry Committee
Epstein Becker Green and The ERISA Industry Committee (“ERIC”) are pleased to release the current issue of the Benefits Litigation Update...more
3/24/2016
/ Americans with Disabilities Act (ADA) ,
Benefit Plan Sponsors ,
CIGNA v Amara ,
Employee Retirement Income Security Act (ERISA) ,
Equal Employment Opportunity Commission (EEOC) ,
Fiduciary Duty ,
NC Board of Dental Examiners v FTC ,
Safe Harbors ,
SCOTUS ,
Telehealth ,
Wage and Hour ,
Wellness Programs ,
Yard Man ,
Zubik v Burwell
Message from ERIC President and CEO Annette Guarisco Fildes:
Welcome to the Fall edition of Benefits Litigation Update, brought to you by The ERISA Industry Committee (ERIC) and the law firm of Epstein Becker &...more
Welcome to the new, rejuvenated version of the Benefits Litigation Update, which we bring you jointly with the law firm of Epstein Becker Green. Our goal is to provide a concise and, we hope, insightful glimpse into recent...more
7/27/2015
/ 401k ,
Affordable Care Act ,
Benefit Plan Sponsors ,
Dave & Buster's ,
Employee Benefits ,
Employee Retirement Income Security Act (ERISA) ,
Employer Group Health Plans ,
Employer Liability Issues ,
Employer Mandates ,
Equitable Relief ,
Fiduciary Duty ,
Health Insurance ,
Preemption ,
Telehealth
In a case that has implications for every employer and respondent on each charge in which the Equal Employment Opportunity Commission (“EEOC”) finds reasonable cause to support the allegations, the U.S. Supreme Court...more