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EEOC Releases Employer Wellness Programs Final Rules

The Equal Employment Opportunity Commission (EEOC) issued final rules on employer wellness programs. The final rules address employee protections under the Americans With Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The EEOC worked closely with the Departments of Labor, Treasury and Health and Human Services to ensure consistency with existing privacy protections under the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act (ACA).

An Imperfect Test: The Problem with Job Performance Appraisals

Wharton management professor Peter Cappelli has spent decades studying the complicated dynamics of employment. In a post-recession world, his research is more timely than ever as companies large and small struggle to adapt to a new normal that relies on fewer employees handling a larger, shifting workload.

How to Increase Diversity and Inclusion in Your Workforce

Having a diverse and inclusive workplace can bring a myriad of benefits, including an improved bottom line, an increased ability to serve customers and improved customer relations. Diversity can also lead to higher productivity as different types of people bring various skills and talents to table.

Supreme Court: ‘Actual Injury’ Needed to Establish Standing to Sue for Violations of Fair Credit Reporting Act

Plaintiffs must show they suffered from an actual injury, not just a “bare procedural violation,” in order to sue in federal court, the U.S. Supreme Court has ruled in its long-awaited decision in Spokeo, Inc. v. Robins, No. 13-1339 (May 16, 2016).

Final Blacklisting and Contractor Paid Sick Leave Rules Slated for Late Summer Publication, According to Spring Regulatory Agenda

Although this election season may feel endless, there are only six more months until voters decide the next president and members of Congress. Within this window, federal agencies are scrambling to finalize rules before the next administration takes hold.

EEOC Issues Final Rules on Wellness Programs

On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued final regulations governing the treatment of wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The final regulations provide direction to employers regarding workplace wellness programs that comply with the ADA and GINA. Also, according the Commission’s press release, the guidance will help employers operate such programs consistent with applicable provisions of the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act (ACA).

EEOC Issues Final Rules For Wellness Programs Under the ADA and GINA

On May 17, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued a final rule for employer wellness programs under the Americans with Disabilities Act (“ADA”). In 2015, the EEOC previously issued a proposed rule regarding this topic, a discussion of which can be found in our prior blog post.

HR Intel – HR Is Dead; Long Live HR

If you’re in HR, it won’t surprise you that industry observers have called for a transformation of HR as we know it or predicted its outright demise. There’s actually an entire industry that sprouted up around the idea that traditional, corporate-style HR is “dead,” which is, to be sure, quite melodramatic.

EEOC Releases Final Wellness Regulations under the ADA and GINA—Immediate Attention Required

On May 17, 2016, the Equal Employment Opportunity Commission (EEOC) issued final regulations addressing how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) each apply to employer-sponsored wellness plans. The primary focus of the EEOC's regulations is on what it means for a wellness program to be "voluntary." These regulations generally track and attempt to harmonize the EEOC's position regarding the ADA and GINA with other statutory and regulatory guidance regarding the operation of wellness plans under the Health Insurance Portability and Accessibility Act of 1996 (HIPAA) and the Affordable Care Act (ACA). Nevertheless, they include certain important differences from the existing guidance under HIPAA and the ACA.

Ripped From the Headlines: Three Investigation Lessons to Learn From a Political Controversy

Another day, another political scandal involving a politician accused of having had an extramarital affair. The latest such story concerns an alleged inappropriate relationship that the governor of Alabama had with a top aide—once again raising issues related to investigating allegations of bad behavior at work. Details have not been released about the various investigations that might have taken place in this case. But we do know that Governor Robert Bentley has admitted to making sexually-charged comments to Senior Political Advisor Rebekah Mason, though he denies having had a physical affair with her. Additionally, Alabama Law Enforcement Secretary Spencer Collier—the state’s former chief law enforcement officer who broke the news of the alleged affair—was fired for allegedly engaging in his own misconduct at work. This controversy once again presents several learning lessons for those of us who routinely conduct workplace investigations.
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