Employee Benefits Blog

EEOC Removes 30% Incentive Safe Harbor from Wellness Program Regulations

The Equal Employment Opportunity Commission (the “EEOC”) issued final rules, published in the Federal Register on December 20, 2018, that remove the 30% incentive provisions from the EEOC’s wellness program regulations governing the Americans with Disabilities Act (“ADA”) and the Genetic Information Nondiscrimination Act (“GINA”).  The final rules are effective January 1, 2019.  As a […]

January 10, 2019 | 2 min read | Tagged: ADA, EEOC, GINA, June 2019, Notice, wellness

RJ

Russell M. Johnson Former Associate

New Plan Year, New Wellness Program – Some Things to Keep in Mind

As a follow-up to our recent blog Count Down to Open Enrollment – Some Quick Thoughts, below is a little more detail on how seemingly simple wellness program design changes can have significant legal consequences. HIPAA – Employers feeling extra generous this plan year may want to increase their wellness program’s financial incentive.  It is […]

September 20, 2018 | 3 min read | Tagged: ADA, ADEA, CODE, EEOC, GINA, HIPAA, incentive, surcharge, tobacco, wellness

AB

Allison B. Bans Counsel

Wellness Incentives Under Scrutiny After District Court Decision

In the most recent updates to the AARP v. EEOC wellness case (AARP v. EEOC, D.D.C., No. 1:16-cv-02113), the District Court for the District of Columbia has ordered the Equal Employment Opportunity Commission (“EEOC”) to review the wellness regulations related to the Genetic Information Nondiscrimination Act (“GINA”) and the Americans with Disabilities Act (“ADA”) with […]

September 8, 2017 | 2 min read | Tagged: AARP, ADA, EEOC, GINA, nondiscrimination, wellness

KP

Kerry E. Parker Former Associate