Jackson Lewis P.C. • April 17, 2015
The U.S. Equal Employment Opportunity Commission has released its Notice of Proposed Rulemaking (NPRM) on how Title I of the Americans with Disabilities Act applies to employer wellness programs that are part of group health plans. The NPRM is scheduled to be published in the Federal Register on April 20, 2015. The public may offer comments on the NPRM until June 19, 2015.
Goldberg Segalla LLP • April 17, 2015
On April 16, 2015, the Equal Employment Opportunity Commission (EEOC) issued its highly anticipated proposed regulations amending how Title I of the Americans with Disabilities Act (ADA) applies to the increasingly popular employer wellness programs. The proposed rule is designed to provide guidance on the extent to which the ADA permits employers to use incentives to encourage employees to participate in wellness programs. The proposed regulations identify employee health programs, define the nature of a voluntary program, clarify the permissible incentives an employer may offer, and explain the notice and confidentiality requirements. Eighty-eight percent of employers with 500 or more employees offer some sort of wellness program, according to a 2014 survey of employer-sponsored health plans by Mercer, the benefits consultant.
Constangy, Brooks, Smith & Prophete, LLP • April 16, 2015
Law360 just reported that the EEOC has issued its long-awaited proposed rule on wellness programs and the Americans with Disabilities Act. The official version will be published Monday in the Federal Register.
Fisher & Phillips LLP • April 15, 2015
According to many sources, there is a shortage of unskilled workers in the United States that is only projected to worsen, and employers nationwide are feeling the pinch. From hoteliers to seafood processors, manufacturers to contractors, employers are often finding it more and more difficult to fill open positions. As a result, many employers have turned to foreign workers. But, let's face it - processing visa applications is complex and the penalties associated with the employment of unauthorized workers are too great. Looking for the easiest and most efficient solution, many employers have simply outsourced the hassle.
Knowledge@Wharton (Reg Required) • April 13, 2015
How an organization makes its people-related decisions has a huge impact on its success or failure.
Vedder Price • April 10, 2015
Since December 2014, retail giant Michaels Stores, Inc. (Michaels) has been hit with two class action lawsuits regarding its background-check process. The lawsuits allege that Michaels violated the Fair Credit Reporting Act (FCRA) by having job applicants click an "I Agree" box consenting to the terms and conditions of an online job application, which include an authorization to obtain a consumer report on the applicant.
Vedder Price • April 10, 2015
Employer wellness programs are generally designed to incentivize employees to adopt a healthier lifestyle in exchange for financial rewards. Participation requirements vary widely from program to program, but employees who participate are often subject to medical examinations and disability-related inquiries that may otherwise be impermissible under the Americans with Disabilities Act (ADA). Those examinations and inquiries are allowed under the ADA, however, if participation in the program is "voluntary."
Ogletree Deakins • April 08, 2015
Spring is always a time for new beginnings: the end of the financial year and the start of a new one, government election season, and time to advance clocks forward for daylight saving time. In the United Kingdom, spring also heralds new changes in employment and data protection laws. Below are some of the key changes to UK employment laws to be aware of.
Fisher & Phillips LLP • April 07, 2015
Over the past 25 years, workplace drug testing has become increasingly widespread and accepted and for good reason — many companies that implemented drug testing saw dramatic decreases in employee accidents and injuries. In some cases, the declines exceeded 70 percent. Moreover, many applicants who use illegal drugs now know better than to waste their time applying for work at companies who make their testing policies known.
Jackson Lewis P.C. • April 07, 2015
The U.S. Equal Employment Opportunity Commission (EEOC) has announced it is starting the regulatory process to release its long-awaited rules on the interplay of the Americans with Disabilities Act (ADA) and the Affordable Care Act (ACA) as they affect wellness programs.