News & Analysis as of

Genetic Information Nondiscrimination Act Corporate Counsel Wellness Programs

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

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

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

Laner Muchin, Ltd.

Recent Class Action Lawsuit Involving Yale University’s Wellness Program Is A Cautionary Tale For Employers

Laner Muchin, Ltd. on

There is an increasing trend in legal challenges to an employer’s administration of a wellness program and whether that program violates the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination...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

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

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

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

Littler

EEOC Must Reconsider its Wellness Regulations

Littler on

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

Proskauer - Employee Benefits & Executive...

Court Throws Monkey Wrench Into Wellness Programs

The U.S. District Court for the District of Columbia has ordered the EEOC to reconsider its final regulations on the extent to which an employer may offer incentives to participate in a wellness program without violating the...more

Akerman LLP - HR Defense

Proposed Employee Wellness Legislation Might Undermine Protections of GINA

Employees who don’t want to disclose genetic information about themselves and their families to their employers may have to pay a stiff price for that privacy in the future. The Preserving Employee Wellness Programs Act (H.R....more

Littler

Annual Report on EEOC Developments – Fiscal Year 2016

Littler on

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

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

Proskauer - Employee Benefits & Executive...

AARP Files Suit to Block the EEOC’s Final Rules on Employee Wellness Programs

As we have previously discussed in detail in several blogs (New EEOC Regulations Provide Roadmap for Wellness Programs; EEOC Issues Final Rules On Employer-Sponsored Wellness Program Compliance Under the ADA and GINA; and...more

BCLP

EEOC Clarifies ADA and GINA Wellness Incentive Rules

BCLP on

While the litigation over wellness programs rages on, the EEOC is still marching forward with the implementation of its wellness rules that we wrote about previously. As most people in the wellness space are aware, the...more

Littler

Workplace Policy Institute Insider Report — August 2016

Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The August edition of the Insider Report compares the Democratic...more

Franczek P.C.

EEOC Issues Sample Wellness Program ADA Notice

Franczek P.C. on

As discussed in a prior alert, the Equal Employment Opportunity Commission (EEOC) recently issued final rules providing guidance on the application of the Americans with Disabilities Act (ADA) and the Genetic Information...more

Constangy, Brooks, Smith & Prophete, LLP

Wellness Programs, and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act: The final chapter

On May 17, 2016, the Equal Employment Opportunity Commission issued its final rules on wellness programs and the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. The ADA rule applies to...more

Littler

Annual Report on EEOC Developments – Fiscal Year 2015

Littler on

This Annual Report on EEOC Developments—Fiscal Year 2015 (hereafter “Report”), our fifth annual Report, is designed as a comprehensive guide to significant EEOC developments over the past fiscal year. The Report does not...more

Littler

The Wellness Program Awakens: District Court Rejects EEOC Challenge in Flambeau

Littler on

Wellness programs, already something of a force in the group health plan industry, received a shot in the arm at the end of 2015 when a federal district court in Wisconsin ruled that an employer may require compliance with a...more

Constangy, Brooks, Smith & Prophete, LLP

Six Quick Takes On The EEOC’s New Wellness Proposal

Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Promises Guidance On Wellness Programs In February

Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic...more

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