News & Analysis as of

Equal Employment Opportunity Commission (EEOC) Wellness Programs Employer Liability Issues

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

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

Warner Norcross + Judd on

A “tobacco surcharge” is part of many employers’ wellness programs, where the employer charges tobacco users higher health insurance premiums than non-tobacco users. A typical tobacco surcharge program will ask an employee if...more

Epstein Becker & Green

The EEOC and Wearable Tech: Balancing Innovation and Compliance

Epstein Becker & Green on

The rise of workplace wearable technology has opened new possibilities for employee efficiencies, safety, and health monitoring....more

Jackson Walker

Vaccination Incentives as Wellness Programs – Getting Back to Business Incentives

Jackson Walker on

Employers wanting to encourage employees to get vaccinated can phrase vaccination incentives as a wellness incentive program so that it is part of an outcome-based wellness program, which may include other wellness programs...more

Epstein Becker & Green

#WorkforceWednesday: EEOC Withdraws, DOL Rolls Back, and OSHA Expands - Employment Law This Week®

It’s #WorkforceWednesday! In the past week, regulatory withdrawals, rollbacks, or new proposed rules are impacting everything from COVID-19 vaccine incentives to joint-employer status. EEOC Withdraws Wellness Incentive Rules...more

Husch Blackwell LLP

New Proposed EEOC Regulations Pose Potential Hurdles On Common Wellness Incentives - UPDATED March 2021

Husch Blackwell LLP on

Update: The Alert below discuses wellness rules proposed by the Equal Employment Opportunity Commission (EEOC) under the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act. Those proposed...more

Ballard Spahr LLP

COVID-19 Vaccine Programs: EEOC Withdraws Proposed Rules on Employer Wellness Incentives

Ballard Spahr LLP on

Many employers implementing vaccination programs for their employees have needed to consider whether those programs should be treated as employee wellness programs. ...more

Snell & Wilmer

Wellness Program Incentives – New Year, New EEOC Proposed Rules

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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

Fisher Phillips

January 2021: The Top 18 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...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

Epstein Becker & Green

#WorkforceWednesday: EEOC Rules and Vaccine Incentives, Prioritizing Worker Health and Safety, Notable Executive Orders -...

Epstein Becker & Green on

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

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

Ballard Spahr LLP

A Second Proposal: EEOC Issues New Guidance on Nondiscrimination for Wellness Programs

Ballard Spahr LLP on

Summary - The Equal Employment Opportunity Commission (EEOC) announced it will issue much-anticipated guidance that revises its nondiscrimination rules for wellness programs under the Americans with Disabilities Act (ADA)...more

Seyfarth Shaw LLP

EEOC’s New ADA Regulations Could Complicate Employer Plans to Offer Incentives for Getting the COVID Vaccine as Part of a Wellness...

Seyfarth Shaw LLP on

As COVID-19 vaccines become more readily available in coming months, employers are exploring ways to maximize vaccination rates within their workforce.  Some employers are  considering making vaccination mandatory. ...more

Fisher Phillips

June 2020: The Top 21 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Seyfarth Shaw LLP

New York Federal Court Approves Employees’ $1.8 Million Slice In EEOC “Onionhead” Religion Discrimination Lawsuit

Seyfarth Shaw LLP on

Seyfarth Synopsis:  In an EEOC-initiated religious discrimination suit involving an employer’s alleged imposition of “Onionhead” religious practices, a federal district court in New York recently denied the employer’s motion...more

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

Compass: Insights And Direction For Employers – Winter 2020

With the start of a new year, in-house counsel and human resources professionals will want to be aware of what’s on the horizon for 2020 and beyond. It’s a good time for employers to take a breath and consider what issues...more

Fisher Phillips

Web Exclusive: May 2019: The Top 17 Labor And Employment Law Stories

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Spilman Thomas & Battle, PLLC

SuperVision - Labor & Employment Law Insights - Issue 1, March 2019

The Editor's Note - Welcome to 2019's first edition of SuperVision, the e-newsletter from Spilman Thomas & Battle's Labor & Employment Law Group... ...In this edition of SuperVision, Carrie Grundmann explains a recent...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

Fisher Phillips

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

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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

Kilpatrick

Employer Wellness Planning for 2019 – Part II of II

Kilpatrick on

This is Part II of our blog post on employer wellness planning for 2019. Part I of our blog post explained the ongoing saga between AARP and the EEOC with respect to the ADA and GINA final regulations. We discussed that the...more

Kilpatrick

Employer Wellness Planning 2019 – Part I of II

Kilpatrick on

Employers who sponsor wellness programs that offer incentives once again face legal uncertainty. On December 20, 2017, in AARP v. United States Equal Employment Opportunity Commission, the United States District Court for...more

Foley & Lardner LLP

What Now for Wellness?

Foley & Lardner LLP on

If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s...more

Jackson Lewis P.C.

The Fate Of The EEOC’s Wellness Regulations Is Still Uncertain

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In October 2016, AARP sued the Equal Employment Opportunity Commission (“EEOC”) under the Administrative Procedures Act (“APA”) arguing that there was no explanation for the shift in the EEOC’s position relating to what makes...more

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