News & Analysis as of

Employer Group Health Plans Employer Liability Issues Wellness Programs

Bricker Graydon LLP

Can you Charge Smokers More for Your Health Plan?  

Bricker Graydon LLP on

Several new lawsuits have been filed recently alleging that employers violated HIPAA’s non-discrimination rule by charging higher health insurance premiums to employees who use tobacco products. ...more

Holland & Knight LLP

Understanding the Recent Wave of Litigation Targeting Tobacco-Free Wellness Programs

Holland & Knight LLP on

The Employee Retirement Income Security Act (ERISA) prohibits employers who offer health and welfare benefit plans from discriminating against plan participants on the basis of a health status-related factor, such as a...more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

Fisher Phillips on

A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

Bradley Arant Boult Cummings LLP

Departments Issue Guidance on Preventive Services under the ACA Following the Braidwood Decision

In light of the March 30 Braidwood Mgmt. Inc. v. Becerra decision, the Department of Labor, Department of Health and Human Services, and Department of the Treasury (the “departments”) have issued FAQ guidance on how the...more

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

McDermott Will & Schulte

EEOC Proposes New Rules on Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) issued proposed guidance regarding employer-sponsored wellness programs and the level of incentives employers may offer employees who participate in these...more

Parker Poe Adams & Bernstein LLP

EEOC Withdraws Wellness Plan Incentive Rules

Employer wellness plans have attracted multiple legal challenges ranging from HIPAA concerns to allegations that such programs violate federal civil rights under GINA and the ADA. Adding to this confusion, the Equal...more

Sheppard Mullin Richter & Hampton LLP

Promoting Wellness, Not Litigation

With ever-increasing employer health care costs, it’s not surprising that Workplace Wellness Programs are becoming more common and comprehensive. According to Fidelity Investment’s fifth annual wellness survey, 95% of...more

Epstein Becker & Green

EEOC’s Wellness Program Incentive Regulations Rejected by the District Court

Epstein Becker & Green on

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

Seyfarth Shaw LLP

Scary as Dinosaurs: California’s Genetic Information Discrimination Code

Seyfarth Shaw LLP on

Seyfarth Synopsis: Genetic discrimination lawsuits can result in substantial costs. California employers should regularly review their hiring and employment policies and procedures to ensure that they are not exposing...more

Amundsen Davis LLC

Does Your Workplace Wellness Program Comply With Existing Laws?

Amundsen Davis LLC on

The National Business Group on Health’s Eighth Annual Survey on Corporate Health recently revealed the growing prevalence of workplace wellness programs. Many such programs are expanding their aim to not only better the...more

Foley & Lardner LLP

Could Wellness Programs Be Making Your Company “Sick?” The Potential Perils of Collecting Biometric Data About Employees

Foley & Lardner LLP on

Wearable devices that track and record personal biometric data are hardly new to the technology scene. In addition to the now-commonplace electronic pedometers and heart rate monitors, there are portable and wearable devices...more

Seyfarth Shaw LLP

Is EEOC Regulation of Wellness Plans Legal? — Seventh Circuit Declines to Say Yes

Seyfarth Shaw LLP on

The Seventh Circuit has stymied an EEOC attempt to declare that employer wellness plans violate the Americans with Disabilities Act (“ADA”). The court decided that the issues raised by the suit are moot, and deferred to...more

Hinshaw & Culbertson LLP

Employment Practices Newsletter - June 2016

EEOC Issues Final Regulations on Wellness Programs - It seems to be a win-win when employers who provide employees with incentives to encourage healthy behavior. But employers that do so must contend with an alphabet...more

U.S. Equal Employment Opportunity Commission...

EEOC Issues Final Rules on Employer Wellness Programs

Rules Address Incentives; Protect Confidentiality - WASHINGTON, DC--The U.S. Equal Employment Opportunity Commission (EEOC) today issued final rules that describe how Title I of the Americans with Disabilities Act (ADA)...more

Fisher Phillips

You May Be Discriminating Based On Employee Genetics

Fisher Phillips on

Federal Anti-discrimination Law Likely To Be Strengthened In 2016 - The Genetic Information Nondiscrimination Act (GINA) is one of the newer federal anti-discrimination laws in the country, and one that requires...more

Proskauer - Employee Benefits & Executive...

New Affordable Care Act FAQs Provide Guidance on Preventive Services, Wellness Programs and Mental Health Parity

On October 23, 2015, the Departments of Labor, Health and Human Services and Treasury (the “Agencies”) jointly released their twenty-ninth (XXIX) set of Frequently Asked Questions (FAQs) about Affordable Care Act (ACA)...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Proposed Rule on Wellness and the Americans with Disabilities Act – What Employers Need to Know

The employer community has been waiting for years to receive guidance from the Equal Employment Opportunity Commission on wellness programs and how an employer’s obligations under the Americans with Disabilities Act intersect...more

FordHarrison

EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

FordHarrison on

On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued long-awaited proposed regulations addressing what constitutes permissive employer wellness programs. While the EEOC recognizes that many employers...more

Epstein Becker & Green

Mainstream Wellness Program Challenged in EEOC v. Honeywell

Epstein Becker & Green on

Despite promulgating a paucity of guidance on what constitutes a “voluntary medical exam” under the Americans with Disabilities Act (“ADA”), on October 27, 2014, the U.S. Equal Employment Opportunity Commission (“EEOC”)...more

Shumaker, Loop & Kendrick, LLP

Strategic Implementation of Employer Shared Responsibility Rules & 2014 Planning Considerations

In This Presentation: •Welcome •Overview of the Employer Shared Responsibility Rules - Impact on Corporate Structure - Time Line Examples to Demonstrate Application of Measurement, Administrative & Stability...more

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