(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 decision, I ...
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 Disabilities Act and the ...
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 cases will be heard November 16), the lawsuit that ...
"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 on the Rule, taking a complex subject and explaining it in a pithy and ...
Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.
NAUGHTY!
The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...
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 also promised a more ...
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.
No. 1. It's all about the spouse. The GINA proposal focuses primarily on the ability of an employer to provide ...
I haven't had a chance to analyze yesterday's Supreme Court decision in King v. Burwell, so meanwhile here is a link to a "plain English" summary of the decision, and here is a link to the decision. Both from the outstanding SCOTUSblog.
We will have more on this in the not-too-distant future. Don't go away!
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 Act, and I are ...
The EEOC's much-awaited proposed rule on employer wellness programs, the Americans with Disabilities Act, and the Genetic Information Nondiscrimination Act may finally be on its way. According to Law360, a proposed rule has been approved 4-1 by the Commission, and is being reviewed by the Office of Management and Budget as we speak.
Once approved by the OMB, the proposed rule will ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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