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Home > Federal Law Articles > Human Resources > Workplace Wellness

Articles Discussing Workplace Wellness Programs.

The Year Ahead in Wellness

January 30, 2023 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

Even though workplace conversations about mental health and wellness have become more acceptable, most employers are not therapists. Jackson Lewis principals Michael Griffin and Michael Thomas discuss how employers can establish a better baseline beyond legal obligations to reap the benefits that come from a workplace where employees are healthy, show up fully and thrive.

The 12 Days of Workplace Wishes

December 26, 2022 | Shaw Law Group, PC Filed Under: Workplace Wellness

In this episode, Jen reveals her 12 wishes for the workplace.

A Conversation on Black Health and Wellness with Dr. Adia Gooden: Part Two

March 1, 2022 | Littler Filed Under: Workplace Wellness

Littler

In the second of a two-part podcast celebrating Black History Month, Littler associates Jason Byrd (New York) and Jo Gbujama (San Francisco) talk with licensed clinical psychologist and author, Dr. Adia Gooden, about the interpersonal journey of Black health and wellness, and techniques for navigating everyday issues. 

Mental Health Parity Compliance Returns to Forefront for Group Health Plan Sponsors

May 4, 2021 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

The Consolidated Appropriations Act, 2021 (CAA) amended the Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA) to include substantial new compliance requirements. The Department of Labor (DOL), Health and Human Services, and the Treasury (collectively, the Departments) have released much-anticipated guidance for group health plans necessitating action from plan

EEOC Issues Long-Awaited Proposed Wellness Program Rules

January 18, 2021 | Ogletree Deakins Filed Under: Workplace Wellness

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 rules on the topic having been invalidated by a court and then partially revoked. In this current proposal, the EEOC

Wellness Programs and Water Bottles, the EEOC Proposes New Rules under the ADA and GINA

January 12, 2021 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

Since 1996, when Congress passed the Health Insurance Portability and Accountability Act (HIPAA), employers have been struggling with whether and to what extent they could offer incentives to employees to participate in certain “wellness programs.” The Equal Employment Opportunity Commission’s (EEOC) position on these programs has been a significant driver

Wellness Programs Continue to Face Compliance Challenges

February 8, 2019 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

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 Disabilities Act (“ADA”) and the Genetic Information Non-Discrimination Act (“GINA”).

The Fate of the EEOC’s Wellness Regulations is Still Uncertain

February 1, 2018 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

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 participation in a wellness program “voluntary”. Originally, the EEOC argued that in order for a wellness program to be “voluntary,” employers could not condition the receipt of incentives on the employee’s disclosure of American with Disabilities Act (“ADA”) or Genetic Information Nondiscrimination Act (“GINA”) protected information.

EEOC Wellness Regulations Under Heavy Scrutiny

August 25, 2017 | Goldberg Segalla Filed Under: Workplace Wellness

In spring 2016 we notified you that the Equal Employment Opportunity Commission’s (EEOC) finalized regulations aimed at ensuring employer wellness programs comport with the Genetic Information Nondiscrimination Act (GINA) and Americans with Disabilities Act (ADA) would take effect as of the first day of the first plan year beginning on or after January 1, 2017.

EEOC Must Reconsider its Wellness Regulations

August 24, 2017 | Littler Filed Under: Workplace Wellness

Littler

The U.S. District Court for the District of Columbia invalidated the EEOC’s final regulations on the operation of voluntary wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The court ordered the EEOC to further consider its rules as required by the Federal Administrative Procedures Act (APA), but it did not vacate the regulations.

EEOC and Orion Energy Systems, Inc. Settle Wellness Case

April 21, 2017 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

On April 5, 2017 the Equal Employment Opportunity Commission (EEOC) announced that it had reached a settlement with Orion Energy Systems, Inc. (Orion) relating to the EEOC’s claims that Orion’s wellness program violated the American with Disabilities Act (ADA) because participation was involuntary, and that Orion retaliated against an employee who objected to the program. See https://www.eeoc.gov/eeoc/newsroom/release/4-5-17a.cfm.

House Legislation Seeks to Harmonize Wellness Programs with ADA and GINA

March 7, 2017 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

On March 2, 2017, in an attempt to clear the murky waters surrounding wellness programs, Rep. Virginia Foxx, chairwoman of the House Committee on Education and the Workforce, introduced the Preserving Employee Wellness Programs Act (the “Act’) (H.R. 1313). In an effort to protect wellness plans, the Act reaffirms existing law which permits employee wellness programs to be linked to financial incentives.

Seventh Circuit Delivers Blow to EEOC Wellness Program Challenge, But Avoids Ruling on ADA Safe Harbor

January 26, 2017 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

On January 25, 2017, in Equal Employment Opportunity Commission v. Flambeau, Inc., the Seventh Circuit rejected an EEOC challenge to an employer wellness program. The circuit court had the opportunity to address whether an employer’s wellness program was an involuntary medical examination pursuant to the ADA, 42 U.S.C. 12112(d)(4), but instead found the issues of statutory interpretation to be moot. As a result, employers are without what would have been welcome guidance on the ADA’s boundaries with respect to wellness programs.

AARP Suffers a Setback in its Challenge to the EEOC’s Wellness Regulations

January 13, 2017 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

As previously discussed, AARP has filed suit against the EEOC and challenged the agency’s wellness regulations. See http://www.disabilityleavelaw.com/2016/10/articles/ada/the-eeocs-2016-wellness-program-regulations-the-saga-continues/ On December 29, 2016, this challenge suffered a setback. In the December 29, 2016 Memorandum Opinion, U.S. District Judge John D. Bates denied AARP’s request for preliminary injunction and held that the regulations would take effect on January 1, 2017.

EEOC’s 2016 Wellness Program Regulations, The Saga Continues…

October 27, 2016 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

The EEOC’s 2016 wellness program regulations are once again under fire. On October 24, 2016, AARP filed a complaint against the EEOC in D.C. federal court challenging the EEOC’s rules relating to wellness programs. See AARP v. EEOC Specifically, AARP seeks a ruling that the 2016 Regulations relating to the Equal Employment Provisions of the Americans with Disabilities Act (the “2016 ADA Rule”) (29 C.F.R. §§ 1630.14(d)(3)) and Title II of the Genetic Information Nondiscrimination Act (the “GINA Rule”) (29 C.F.R. § 1635.8(b)(2)(iii)) are unlawful and request a preliminary injunction that would prevent the rules from taking effect on Jan. 1, 2017.

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