The EEOC today released for public comment its proposed rule to amend its regulations and interpretive guidance as they relate to wellness programs, including the size of incentives an employer may offer yet still have a “voluntary” wellness program under the ADA. For additional information concerning the proposed rule, click here.
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Back to the Future on Paid Family Leave and Sick Days
Commenting on paid leave recently, U.S. Secretary of Labor Thomas E. Perez said:
We are on the cusp of huge breakthroughs on paid family leave and paid sick days. I believe that in 30 years, we will look back at this as the moment we began to turn the corner, when a sleeper issue finally
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ADA and GINA Guidance on Wellness Incentives on the Way!
The days of referring to the EEOC’s guidance on wellness incentives under the ADA and GINA as “long-awaited” may be coming to an end. The EEOC announced that it has sent a Notice of Proposed Rulemaking (NPRM) on this issue to the Office of Management and Budget (OMB) for clearance.
The NPRM is not available…
Congress Enters ADA and GINA Wellness Incentives Fray
In our recent post, we noted the EEOC’s challenges to workplace wellness program incentives under the ADA and GINA, and the seemingly interminable wait for guidance from the EEOC on the acceptable size of incentives. On March 3, 2015, Republican members of the Senate and House introduced the Preserving Employee Wellness Programs Act…
Tacoma, WA Enacts Paid Sick Leave Law
Now comes Tacoma, Washington, joining the growing throng of cities and states that have passed paid sick leave laws. Recall our prediction two years ago that a mega patchwork of paid sick leave laws was on the way. It has arrived and continues to grow. There are more jurisdictions with paid sick leave laws that…
Doctor Disputes Own Entry on FMLA Certification; Keeps Interference Case Alive
A doctor’s testimony that he treated the plaintiff twice for bronchitis was sufficient to deny the employer’s motion for summary judgment on plaintiff’s FMLA interference claim, even though the doctor had stated on the FMLA certification form that he had only treated the plaintiff once for bronchitis. Kossowski v. City of Naples (M.D. FL, February…
Employee Ineligible for FMLA Leave May be Eligible for FMLA Leave
When might an employee who works for an employer with less than 50 employees within 75 miles be eligible for FMLA leave? When the employer is prohibited from denying the employee’s eligibility, according to a recent decision by the United States Court of Appeals for the Sixth Circuit. Tilley v. Kalamazoo Country Road Commission et…
President Proposes Federal Patches to Paid Leave Patchwork
President Obama has unveiled a handful of proposals that would give more employees more ability to be paid when absent from work for a variety of reasons.
The President called on Congress to pass the Healthy Families Act, which would allow employees to earn up to seven days per year of paid sick time. Employees…
The DOJ Announces Another Settlement Under Its Barrier-Free Health Care Initiative
The U.S. Department of Justice Department announced a settlement with Franciscan St. James Health (St. James), requiring that patients and companions who are deaf or hard of hearing receive sign language interpreters and other services necessary to ensure effective communication, in compliance with Title III of the Americans with Disabilities Act (ADA). Under the agreement,…
Dep’t of Education Negotiates Groundbreaking Agreement to Resolve Website Accessibility Investigation at State University.
In March, we reported on a landmark consent decree that settled the first lawsuit filed by the U.S. Department of Justice alleging that a corporate website failed to meet standards for accessibility established by Title III the Americans with Disabilities Act (ADA). Now, the U.S. Department of Education’s Office of Civil Rights (OCR) has announced…