The EEOC, DOL and OFCCP Announce Deadlines for Final Rules

I – The EEOC says that it will issue its final “wellness” rules by February, 2016

The Equal Employment Opportunity Commission (EEOC) indicated in its November regulatory agenda that it plans to finalize two rules governing employer wellness programs under the Americans with Disabilities Act (ADA) and the Genetic Information Non-Discrimination Act (GINA) by February 2016.

As you may recall, one of these proposed rules will amend the EEOC’s ADA regulations to address the interaction between Title I of the ADA and the financial inducements that are commonly contained in wellness programs offered through employer health plans. This will have the effect of limiting how much of a financial benefit employers can offer to their employees to join such wellness programs. Continue reading “The EEOC, DOL and OFCCP Announce Deadlines for Final Rules” →

EEOC Issues Another NPR Regarding Employee Wellness Programs

Recently, the EEOC issued a Notice of Proposed Rule Making (NPRM) to amend Title II of the Genetic Information Nondiscrimination Act (GINA) regarding employee wellness programs that are part of group health plans. (Title II of GINA generally protects job applicants, employees and others from employment discrimination based on their genetic information. It also restricts employers from obtaining and using genetic information in making decisions about employment, including information about an employee’s spouse.) An exception to the limitations on an employer’s use of genetic information applies when an employee voluntarily accepts health services offered by an employer, including services as part of a wellness program. Continue reading “EEOC Issues Another NPR Regarding Employee Wellness Programs” →

US Department of Labor Releases New FMLA Forms

Those of you who have been losing sleep because the previously issued US Department of Labor FMLA forms had expired can rest easy. (You did know that they had expired, right?) The DOL has finally issued shiny new FMLA forms.

The new forms (WH-380-E, WH-380-F, WH-381, WH-382, WH-384, WH-385 and WH385V) can be located and downloaded from the DOL’s website here. For those of you who geek out on this kind of stuff, you should note May 31, 2018 on your calendars. That is the expiration date of the new forms. By then our federal government will have probably amended the FMLA again to further protect employee’s rights or intrusively over-burden employers, depending upon your point of view. Continue reading “US Department of Labor Releases New FMLA Forms” →

EEOC Finally Issues Notice of Proposed Rulemaking Regarding Application of ADA to Employer Wellness Plans

On April 16, 2015 the EEOC finally issued its long-promised Notice of Proposed Rulemaking (“NPRM”). The NPRM may be viewed at: https://www.federalregister.gov/articles/2015/04/20/2015-08827/amendments-to-regulations-under-the-americans-with-disabilities-act#h-13. Members of the public have 60 days to submit comments. After this time, the rule may become final.

The NPRM offers guidance regarding how wellness programs offered as part of an employer’s group health plan can comply with the ADA and the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act. Continue reading “EEOC Finally Issues Notice of Proposed Rulemaking Regarding Application of ADA to Employer Wellness Plans” →

May an Employer Require a Medical Examination When an Employee Transfers from One Position to Another

Employees often transfer from one position within a company to another. And, employers occasionally want to require these employees to undergo a medical examination as part of their transfer just as they would a new-hire. Doing so may run afoul of the Americans With Disabilities Act prohibition against medical inquiries and examinations.

As with many employee-related issues, the answer to whether or not an employer may require a transferring employee to submit to a medical examination is a definite “maybe.” Continue reading “May an Employer Require a Medical Examination When an Employee Transfers from One Position to Another” →

It’s Official, The EEOC Doesn’t Want Your Employees To Be Healthy

Wellness programs are great—in theory. Employees all meet in the conference room to eat fresh fruit, granola and yogurt while a representative tells them about a plan designed to make them healthier, happier and, coincidentally, less likely to need services covered by the company’s health insurance plan. What’s not to like?

Continue reading “It’s Official, The EEOC Doesn’t Want Your Employees To Be Healthy” →