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Welcome to the Snell & Wilmer Benefits Blog. We will be posting about current employee benefits and executive compensation topics and issues. We invite you to contact the authors with your thoughts or questions.Blog Contributors
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EEOC Final Rules on Wellness Programs and the ADA – Worth the Wait?
On May 16, 2016, the EEOC issued final rules that explain how the Americans with Disabilities Act (“ADA”) applies to employer sponsored wellness programs. Although some may welcome the guidance, others may be frustrated because the rules are somewhat inconsistent with the rules under HIPAA, inconsistent with the court decisions under Seff v. Broward County, 691 F.3d 1221 (11th Cir. 2012) and EEOC v. Flambeau, Inc., 131 F. Supp. 3d 849 (W.D. Wis. 2015), and do not ensure compliance with other federal nondiscrimination laws (e.g., Title II of GINA or other Sections of Title I of the ADA). Read More ›
Posted in Employee Benefits, Health & Welfare Plans, Health Care Reform
| Tagged ADA, disability, EEOC, employee health programs, final regulation, final rule, flambeau, incentives, medical examinations, Seff, voluntary, wellness, wellness program
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A Wellness Win for Employers, But Will it Last?
As explained in our April 21, 2015 and May 9, 2015 blog posts, wellness programs that are part of a group health plan are subject to the HIPAA nondiscrimination rules, and other state and federal laws including, but not limited to the ADA, Title VII of the Civil Rights Act, and GINA. Navigating the regulatory maze has been a challenge for employers, and the most recent struggles involve compliance with the ADA’s “voluntary” requirement. On December 30, 2015, the Federal District Court for the Western District of Wisconsin in Equal Employment Opportunity Comm’n v. Flambeau, Inc., bypassed the ADA’s voluntary rule and held that Flambeau’s wellness program complied with the ADA under an alternative exception – the ADA’s safe harbor. Read More ›
Posted in Employee Benefits, Health & Welfare Plans
| Tagged ADA, ADA safe harbor, CBA, disability, EEOC, flambeau, Seventh Circuit, SPD, Supreme Court, wellness, wellness program
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