Employment & Labor Insider

Employment & Labor Insider

Legalese is not spoken here

Tag Archives: HIPAA

The ADA: Four issues to watch in 2018

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Family and Medical Leave Act, GINA, Pregnancy
Last month, I had the pleasure of speaking to the Federal Bar Association about hot topics under the Americans with Disabilities Act with my blogging buddy Bill Goren, proprietor of the Understanding the ADA blog. If you haven’t visited Bill’s blog, you should — he covers all aspects of the ADA, including Titles II and III, as well… Continue Reading

AARP’s wellness win against the EEOC: The “law nerd” version

Posted in Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
(You’ve been warned.) As I reported Tuesday, a federal judge has ruled that the wellness regulations issued by the Equal Employment Opportunity Commission are invalid. Judge John D. Bates of the District of Columbia did not vacate the rules but remanded them to the EEOC to address the rules’ “failings.” Now that I’ve had a chance to read the… Continue Reading

Court won’t block EEOC’s wellness rules — for now.

Posted in Americans with Disabilities Act, Benefits, Genetic Information Non-Discrimination Act, GINA
A federal judge in the District of Columbia has denied the AARP’s request for a preliminary injunction against the wellness rules issued by the Equal Employment Opportunity Commission last May. As a result, the EEOC rules — which establish when participation in an employer-sponsored wellness program is “voluntary” within the meaning of the Americans with… Continue Reading

What is “voluntary”? Thoughts about the AARP wellness lawsuit against the EEOC

Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, HIPAA Privacy
The Equal Employment Opportunity Commission is only the latest in a string of federal agencies who’ve been sued recently in an effort to stop their regulations from taking effect. We have the two lawsuits against the U.S. Department of Labor challenging the overtime rule that is scheduled to take effect on December 1 (argument in those… Continue Reading

Too many RULES, man!

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA, Only in California, Wage-Hour
“Do this, don’t do that, can’t you read the rules . . .”* Of course, the mega-topic this week was the U.S. Department of Labor’s Final Rule on white-collar exemptions to the overtime provisions of the Fair Labor Standards Act. Ellen Kearns, co-chair of our Wage and Hour Practice Group, wrote a great Client Bulletin… Continue Reading

A cornucopia of wellness information for employers!

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
UPDATE (Dec. 7, 2015): The EEOC has extended the comment period on its proposed GINA-wellness rule by 30 days. The new comment deadline is January 28, 2016. Earlier this month, I had a relatively short post on the proposed rule on wellness incentives and the Genetic Information Nondiscrimination Act issued by the Equal Employment Opportunity Commission. I… Continue Reading

Six quick takes on the EEOC’s new wellness proposal

Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Last week, the Equal Employment Opportunity Commission issued a proposed rule on employer wellness programs and the Genetic Information Nondiscrimination Act. In April, the EEOC issued a proposed rule on employer wellness programs and the Americans with Disabilities Act. Here are six quick takes on the GINA proposal. No. 1. It’s all about the spouse.… Continue Reading

Hey – that EEOC wellness rule isn’t half bad

Posted in Affordable Care Act, Americans with Disabilities Act, Discrimination, Genetic Information Non-Discrimination Act, GINA, Retaliation
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 a lot more than I do about the Health Insurance Portability and Accountability Act and the Affordable Care… Continue Reading