Wellness Programs and Water Bottles – EEOC Proposes New Rules under the ADA and GINA

Tasha PattersonLegislative Updates

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.” On Jan. 7, the EEOC proposed a new approach that may provide employers some certainty, particularly as many employers are wondering about incentives to encourage employees to receive a COVID-19 vaccine.

EEOC Issues Guidance on Opioid Addiction in Employment

Tasha PattersonLegislative Updates

The U.S. Equal Employment Opportunity Commission issued two technical assistance documents on Aug. 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids.

EEOC Opines on COVID-19 Testing by Employers

Tasha PattersonLegislative Updates

The EEOC’s most recent update provides an answer to the following question: “May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace?”

EEOC Releases Recorded Webinar Addressing Important Questions

Tasha PattersonLegislative Updates

The EEOC published a webinar to address common employer questions regarding the COVID-19 outbreak, including: taking employees temperatures, appropriate and inappropriate disclosure of information related to an employee’s COVID-19 diagnosis, and managing employee accommodation requests including requests from employees in the high risk categories identified by the CDC.

EEOC Revises Wellness Plan Regulations

Tasha PattersonLegislative Updates

On Dec. 20, the EEOC revised wellness plan regulations by removing the section that permitted incentives. In doing so, the EEOC left employers back in the quandary they were in before. Neither the law, nor the remaining regulations, expressly prohibit (or permit) incentives.

Absence Matters: Compliance Programs

Tasha Patterson@Work

Do Your Compliance Programs Measure Up? By Bryon Bass SVP, Disability and Absence Practice & Compliance Sedgwick For compliance purposes, employers need to be aware of the enforcement agenda of … Read More

Compliance Memos: September 2016

Tasha Patterson@Work

Proliferating Local Paid Sick Leave, Other Protections Chicago requires employers to provide paid sick leave to employees effective July 1, 2017. One leave hour is accrued per 40 hours worked, … Read More

Compliance Memos: July 2016

Tasha Patterson@Work

EEOC Targets Employer Roadblocks to Disability Leave The Equal Employment Opportunity Commission (EEOC) in May announced it is monitoring a “troubling trend” that employer disability programs are driving employment policies … Read More