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Constangy, Brooks, Smith & Prophete, LLP

ADA challenge to wellness incentives stays alive

Employers, take warning! A federal judge in Illinois refused this week to dismiss a class action lawsuit brought under the Americans with Disabilities Act based on a "voluntary" wellness program. Employers should review...more

Bradley Arant Boult Cummings LLP

Smucker’s Out of a Jam: Sixth Circuit Says Being a Federal Contractor Does Not Make You a State Actor

If you take on a federal contract, does that make you a state actor? No, according to a unanimous Sixth Circuit panel in Ciraci v. J.M. Smucker Company. During World War II, the Army included Smucker’s apple butter in its...more

Jackson Lewis P.C.

Class Action Trends Report, Fall 2021

Jackson Lewis P.C. on

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

Smith Debnam Narron Drake Saintsing & Myers,...

Six Takeaways for Employers from EEOC’s Updated Guidance on Reopening Businesses Post-COVID

Now that many of us have been vaccinated, what should employers be doing to prepare for returning to a pre-COVID workplace? Throughout the pandemic, the federal Equal Employment Opportunity Commission (EEOC) has provided...more

Constangy, Brooks, Smith & Prophete, LLP

Everything Employers Always Wanted To Know About Vaccines . . . And Have Been Asking About For Months.

Just before the Memorial Day holiday, we had a “breaking news” bulletin about the revised guidance published Friday by the Equal Employment Opportunity Commission about employers’ and employees’ rights when it came to...more

Husch Blackwell LLP

50 State Update On Pending Legislation Pertaining To Employer-Mandated Vaccinations

Husch Blackwell LLP on

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

Seyfarth Shaw LLP

A Peek Behind The Numbers: The EEOC’s Enforcement Statistics Show Fewer Charges Filed In 2020, While Recoveries Surged

Seyfarth Shaw LLP on

Seyfarth Synopsis: The EEOC recently released its enforcement and litigation statistics for Fiscal Year 2020. Notably, the statistics indicate that 2020 saw a dramatic drop in filed charges, with the lowest number of charges...more

Groom Law Group, Chartered

EEOC Releases Much-Anticipated Proposed ADA and GINA Wellness Rules

On January 7, 2021, the Equal Employment Opportunity Commission (“EEOC”) finally released proposed rules regarding wellness programs under Title I of the Americans with Disabilities Act (“ADA”) (“ADA Proposed Rule”) and Title...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC Issues Long-Awaited Proposed Wellness Program Rules

The U.S. Equal Employment Opportunity Commission (EEOC) recently issued its revamped proposed rules governing employer-sponsored wellness programs. These proposed rules have been a long time coming, with the EEOC’s prior...more

Miller Canfield

COVID-19 Vaccinations: Legal Considerations for Employers

Miller Canfield on

With the recent approval for emergency usage of the COVID-19 vaccine in the United States, employers may consider mandating or administering COVID-19 vaccinations when they become available for workplace safety reasons or...more

Foley & Lardner LLP

EEOC Addresses COVID Vaccine Guidance and Potential Discrimination Issues

Foley & Lardner LLP on

On December 16, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Guidance on COVID-19 (COVID) in the form of additional FAQs. The EEOC has now answered the questions on many employer’s minds - whether...more

Littler

EEOC Proposes Conciliation Procedures Rule

Littler on

The U.S. Equal Employment Opportunity Commission has issued a proposed rule addressing conciliation based on the various laws it enforces, including Title VII of the Civil Rights Act of 1964, the Americans with Disabilities...more

Jackson Lewis P.C.

More EEOC COVID-19 Guidance: Testing, Screening, Managers, Confidentiality, And Telework

Jackson Lewis P.C. on

Since March of this year, the Equal Employment Opportunity Commission (EEOC) has released guidance on a near-monthly basis addressing various FAQs concerning COVID-19 issues. The guidance has focused on disability-related...more

Littler

EEOC, NLRB, DOL Plan to Issue Rules Governing Joint Employment

Littler on

The Equal Employment Opportunity Commission, National Labor Relations Board, and the Department of Labor will all issue regulations governing joint employment, according to the federal government’s Unified Agenda of Federal...more

Miles & Stockbridge P.C.

Seventh Circuit Rules the ADA Does Not Protect Future Disabilities

Miles & Stockbridge P.C. on

On October 29, 2019, the Seventh Circuit held that Burlington Northern Santa Fe Railway Company (“BNSF”) did not violate the Americans with Disabilities Act (“ADA”) by refusing to hire a job applicant due to his obesity. The...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

EEOC’s Proposed Changes May Lead to Increased Charge Activity and Subsequent Litigation

On February 22, 2019, the U.S. Equal Employment Opportunity Commission (EEOC) issued a notice of proposed rulemaking (NPRM) to update and amend procedural regulations to fully digitize the EEOC’s charge processing and records...more

Kilpatrick

The Sky is not Falling on Wellness Programs

Kilpatrick on

There has been a flurry of recent legal newsletters and blog entries about the changes to wellness programs effective on January 1, 2019. The consistent theme of these articles is that wellness programs will be significantly...more

Fisher Phillips

3 Options For Providing Wellness Program Incentives In 2019…And Beyond

Fisher Phillips on

Employers are about to enter into limbo when it comes to maintaining wellness programs, and you will soon need to make a decision about how you will implement any such programs at your workplace. As of January 1, 2019, the...more

Littler

Joint Employment, Wage and Hour Changes are on the Regulatory Horizon

Littler on

Employers will face fewer significant regulations in the coming year, according to the Trump administration's Unified Agenda of Regulatory and Deregulatory Actions ("regulatory agenda")....more

K&L Gates LLP

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

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

McAfee & Taft

EEOC alleges medical exams and questionnaires violate ADA, GINA

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

Akerman LLP - HR Defense

Employee Wellness Developments: Keeping Your Finger on the Pulse

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

Seyfarth Shaw LLP

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

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

Troutman Pepper

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

Troutman Pepper 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

Alston & Bird

Lawsuits Are Focused on Wellness Program Compliance. Are You?

Alston & Bird on

Wellness programs are a win-win for everybody – until administrators run afoul of ambiguous rules and regulations. Our Employee Benefits & Executive Compensation Group analyzes two recent lawsuits that could impact program...more

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