News & Analysis as of

Wellness Programs Employee Benefits Equal Employment Opportunity Commission (EEOC)

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

Groom Law Group, Chartered

Wellness Programs Under Scrutiny in EEOC’s New Wearable Devices Guidance

In December 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) published a fact sheet addressing how federal nondiscrimination laws, such as the Americans with Disabilities Act (“ADA”), may apply to an employer’s...more

Nelson Mullins Riley & Scarborough LLP

Utilizing Wellness Programs to Incentivize COVID-19 Vaccinations

Delta Airlines made headlines this month by announcing that it will charge employees on its group health plan a $200 surcharge for failure to receive the COVID-19 vaccination. Although there is potential for conflict with a...more

Clark Hill PLC

EEOC Releases Wellness Program Guidance

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The EEOC recently released proposed regulations about wellness programs. Key takeaways include a program safe harbor and when only de minimum benefits can be provided. Additionally, the guidance provides insights into 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

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

Davis Wright Tremaine LLP

Proposed EEOC Regulations Prohibit Offering More Than De Minimis Incentives for Participating in Most Wellness Programs

On January 7, 2021, the Equal Employment Opportunity Commission (EEOC) proposed new rules regarding how employers can provide incentives to employees to participate in wellness programs without violating the law. The key is...more

Epstein Becker & Green

How Big Can the Carrot Be? The EEOC’s New Proposed Rules Regarding Permissible Level of Incentives in Health-Contingent Workplace...

Epstein Becker & Green on

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

Seyfarth Shaw LLP

EEOC Wellness Rules Proposed, Water Bottle Enthusiasts Rejoice

Seyfarth Shaw LLP on

Synopsis: For years, employers have struggled to understand what level of incentives in wellness programs might be considered “voluntary” under the Americans with Disabilities Act (ADA). ...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

Seyfarth Synopsis: 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...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

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

A Second Bite At The Apple: EEOC Releases Plan For New Wellness Program Rule

Fisher Phillips on

Is the EEOC finally ready to replace its invalidated rule allowing employers to incentivize participation in employer-sponsored wellness programs? Just maybe. Late last week, the EEOC voted 2-1 to send a notice of proposed...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

Fisher Phillips

Limbo No More? EEOC May Soon Publish New Wellness Program Rules

Fisher Phillips on

Pushing its deadline back for the second time, the Equal Employment Opportunity Commission (EEOC) recently announced that it plans to issue amended regulations related to incentivizing participation in employer-sponsored...more

Jackson Lewis P.C.

Wellness Programs Continue To Face Compliance Challenges

Jackson Lewis P.C. on

The rules for employer-sponsored wellness programs continue to be a moving target; most recently, regulations issued by the Equal Employment Opportunity Commission (“EEOC”) intending to address issues under the Americans with...more

Polsinelli

Employers: Be Mindful When Implementing Wellness Programs

Polsinelli on

In October 2016, the American Association of Retired Persons (AARP) sought an injunction against the implementation of the Equal Employment Opportunity Commission’s (EEOC) final rules on wellness programs, alleging that the...more

Miller Canfield

EEOC Rescinds Wellness Regulations

Miller Canfield on

The Equal Employment Opportunity Commission ("EEOC") has rescinded Wellness Regulations it originally issued in May 2016. The change, which took effect on Jan. 1, 2019, has created uncertainty for employers who collect...more

Akerman LLP - Health Law Rx

New Year, New Wellness Program Rules

Employers with established wellness programs that collect health information and/or require a medical exam can no longer rely on the EEOC regulations to justify that incentives provided under their wellness programs are...more

Ballard Spahr LLP

EEOC Withdraws Wellness Incentive Guidance

Ballard Spahr LLP on

The Equal Employment Opportunity Commission (EEOC) has formally withdrawn the provisions in its regulations governing wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information...more

Constangy, Brooks, Smith & Prophete, LLP

EEOC Rescinds Wellness Incentive Rules

A not unexpected development. The Equal Employment Opportunity Commission has officially rescinded its regulations on wellness incentives under the Americans with Disabilities Act and the Genetic Information...more

Jackson Lewis P.C.

Has The Grinch Stolen Wellness Plans This Christmas?

Jackson Lewis P.C. on

Twas the week before Christmas, and all through the country, Employers wanted to help their employees be healthy, But unfortunately some lawyers, and the EEOC- Limited plans that ask about disability…...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

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