• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer
  • Affiliate Login
  • Join Our Network
  • Affiliate News
  • Lawyer Directory
  • Newsletters
  • Contact Us
  • Our Feeds

Employment Law Information Network

All Things Labor and Employment Law

Get Our Daily or Weekly Newsletter!
Articles • Alerts • Expert Advice
Daily Newsletter
Weekly Newsletter
California Newsletter
  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Home > Federal Law Articles > Human Resources > Workplace Wellness

Articles Discussing Workplace Wellness Programs.

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.

Federal Court Simultaneously Rejects and Upholds EEOC’s Positions on Wellness Programs – Rejects Employer’s ADA “Safe Harbor” Defense

September 29, 2016 | Jackson Lewis Filed Under: Workplace Wellness

Jackson Lewis

In a much anticipated decision, a Wisconsin federal district court has granted Orion Energy Systems, Inc.’s summary judgment on the EEOC’s challenge to its wellness program design. See Sept 19, 2016 Decision and Order. While largely good news for Orion, the ruling creates even more confusion for employers seeking clarity on wellness program design principles. In short, the Court: 1) rejected the EEOC’s claim that the wellness program violated the ADA because it was “involuntary;” 2) upheld the EEOC’s position that the ADA’s “safe harbor” for insurance could not be used to defend the wellness program design; and 3) held there was a triable issue on whether the employer’s termination of an employee who refused to participate in the wellness program was unlawful retaliation under the ADA. The case lives on due to the retaliation claim but many employers are scratching their heads on what the ADA requires for wellness programs going forward.

Tax Consequences of Employee Wellness Programs

June 7, 2016 | Goldberg Segalla Filed Under: Workplace Wellness

Employee wellness programs are all the rage.

An Employer’s Compliance Checklist to the EEOC’s Final Wellness Program Regulations

June 2, 2016 | Nexsen Pruet Filed Under: Workplace Wellness

Employers implementing wellness programs have a number of laws to navigate: the Health Insurance Portability and Accountability Act of 1996, as amended (HIPAA); the Americans with Disabilities Act (ADA); and the Genetic Information Nondiscrimination Act (GINA), among others. Most companies are familiar with the requirements of HIPAA, which historically has been regarded as establishing the confines for employer-sponsored wellness programs.

EEOC Issues Final Rules on Wellness Programs

May 22, 2016 | Littler Filed Under: Workplace Wellness

Littler

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).

  • Go to page 1
  • Go to page 2
  • Go to Next Page »

Primary Sidebar

Human Resources Article Index

  • Airline Industry
  • Arbitration Of Claims
  • Auto Dealerships
  • Background Checks
  • Construction Industry
  • Coronavirus
  • Corporate Accountability
  • Discipline & Discharge
  • Diversity
  • Dress Code
  • Drugs & Alcohol
  • Education Industry
  • Employee Handbooks
  • Employment Applications
  • Free Speech Protections
  • General (HR)
  • Genetic Discrimination (GINA)
  • Health Care Industry
  • Hiring Process
  • Holiday Parties
  • Hospitality Industry
  • Independent Contractors
  • Multinational Employers
  • Privacy And Surveillance
  • Reductions In Force (RIF)
  • Retail Industry
  • Sick Leave
  • Social Networking Issues
  • USERRA
  • Vacation Policy
  • Veterans
  • Voting Rights
  • Whistleblowing
  • Workplace Investigations
  • Workplace Violence
  • Workplace Wellness
C-Screen

Site Search

Connect With Us!

  • Email
  • Facebook
  • LinkedIn
  • Phone
  • RSS
  • Twitter

Article Calander

March 2021
SMTWTFS
 123456
78910111213
14151617181920
21222324252627
28293031 
« Feb    

Trending Content

  • Introduction To Employee Handbook Policy
  • Job Vacancy Announcement
  • Employee Locker Policy
  • Smoking Policy
  • Employee Discipline Policy
  • Employment At-Will Policy
  • Conditional Offer Letter
  • FMLA Policy
  • Internet Code of Conduct Policy
  • Union Avoidance

Footer

Social Profiles

RSSTwitterFacebookLinkedin

Tags

ABC News (8) Above The Law (7) Benefits Pro (8) Bloomberg (118) Carothers DiSante & Freudenberger LLP (6) CBS (6) CNBC (19) CNN (33) EEOC (76) Entrepreneur (25) Evil HR Lady (160) Fast Company (43) Forbes (179) Fortune (7) Goldberg Segala (7) GovExec (14) Harvard Business Review (177) Inc. (14) Jackson Lewis (29) Law.com (33) Littler (43) Los Angeles Times (8) MarketWatch (6) NBC (37) New York City (13) New York Magaine (8) New York Post (10) New York Times (215) NPR (42) Politico (11) Reuters (17) Richmond Times Dispatch (11) San Francisco (8) Seattle Times (6) SHRM (20) Slate (6) The Atlantic (6) The Cut (7) The Guardian (6) USA Today (21) US News (23) Wall Street Journal (109) Washington Post (44) Wired (5) Yahoo News (6)

Navigation

  • Federal Articles
  • State Articles
  • HR News
  • Trending
  • Human Resources
    • HR Guidebook
    • HR Policy Samples
    • Employment Contracts
  • Discussion Forums
  • About Us
Log In

Privacy Policy, Disclaimers & Copyright
elinfonet.com, LLC • P.O. Box 45, Chinchilla, PA 18410 • 570-301-6277 • info@elinfonet.com