Labor and Employment Law

Recent Posts

EEOC Issues Balanced Interpretation of Legality of Employer Wellness Plans
Posted on 20 Apr 2015 by Jon Hyman

Several months ago, the EEOC announced its intent to issue regulations interpreting whether employer wellness plans are legal or illegal medical exams under the ADA. Thankfully, last Thursday the EEOC published its proposed regulations, and its good news... Read More

What the EEOC Plans to Tell Employers About Wellness Programs
Posted on 26 Nov 2014 by Eric Meyer

The U.S. Equal Employment Opportunity Commission is obsessed with wellness programs. Or, as the EEOC likes to describe them "'so-called' wellness programs." And not in a "yay, so-called wellness programs are super" kinda... Read More

UPDATED: EEOC Seeks Court Order to Halt Honeywell’s Biometric Testing
Posted on 30 Oct 2014 by Robin Shea

Thanks to Kate Bischoff of The Employment Law Navigator for bringing this to our attention. The Equal Employment Opportunity Commission filed a petition yesterday in federal court in Minnesota to stop Honeywell International, Inc., from requiring that... Read More

EEOC and Wellness Programs: A Preview of Things to Come?
Posted on 25 Aug 2014 by John Holmquist

Employers have been waiting for the EEOC to provide direction with respect to its position on wellness programs and the impact of the ADA on them. Last May, the EEOC held a hearing where it heard from a broad spectrum of interested groups on the topic... Read More

EEOC Places Employee Wellness Programs Under Scrutiny
Posted on 21 Oct 2014 by Steptoe & Johnson PLLC

by Mark Jeffries and Lindsay Bouffard Wellness programs are surging in popularity as employers seek to reduce steadily rising healthcare costs. But could a well-intentioned wellness program end up costing you? With open enrollment for medical plans... Read More

Is Your Wellness Program Discriminatory?
Posted on 3 Jun 2013 by Jon Hyman

It is no secret that health care costs for employers and their employees are out of control in this country. Many employers have attempted to hold down these rising costs by offering wellness-program incentives - insurance premium reductions to employees... Read More

EEOC Talks Employer Wellness Programs; Provides an ADA Q&A
Posted on 23 May 2013 by Eric Meyer

Consistent with its strategic plan to provide up-to-date guidance on the requirements of antidiscrimination laws, last week, the United States Equal Employment Opportunity Commission issued this press release in which it announced that it had revised... Read More

The EEOC and Wellness Programs: Time for an Answer?
Posted on 3 May 2013 by John Holmquist

The EEOC has announced that it will be holding a meeting on May 8, 2013, to hear from invited panelists on the treatment of wellness programs under federal law, with an emphasis on understanding the ways that the ADA, the Genetic Information Nondiscrimination... Read More

The EEOC Asks: Is Your Corporate Wellness Program Really Voluntary?
Posted on 8 May 2015 by Steptoe & Johnson PLLC

by Marcia L. DePaula Many employers who provide health coverage to their employees have initiated wellness programs within the workplace over the years in order to reduce health care costs. These wellness programs may include initiatives to motivate... Read More

Hey – That EEOC Wellness Rule Isn’t Half Bad
Posted on 24 Apr 2015 by Robin Shea

NOTE: As I breathlessly reported last week , the EEOC has issued its long-awaited proposed rule on employer wellness programs and the Americans with Disabilities Act. ( Here is a nicer copy than the one that was available then.) Brian Magargle , who knows... Read More

EEOC Signals Increased Focus on Employer-Sponsored Wellness Programs
Posted on 10 May 2013 by Martha J. Zackin

A majority of US employers offer some sort of wellness program designed to reduce the cost of health insurance and healthcare costs, and to improve the health and well-being of employees. However, unless care is taken, even well-intentioned wellness... Read More

Wellness "sticks," as well as "carrots," are legal, court says
Posted on 24 Aug 2012 by Robin Shea

The U.S. Court of Appeals for the Eleventh Circuit* has held that employers may use "sticks" to encourage participation in wellness programs as well as "carrots," if the wellness program is part of a group health or other benefit plan... Read More

The EEOC and Wellness Programs: Coming Home to Roost?
Posted on 5 Dec 2014 by John Holmquist

On May 8, 2013, the EEOC conducted a meeting and received testimony from a broad spectrum of advocates on the topic of the interplay between the wellness programs and federal anti-discrimination laws. The headline of the press release concerning the meeting... Read More