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October Updates

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This Short List addresses the following topics:
  1. OFCCP Releases new FAQs on Independent Contractors, Compliance Evaluations, and AAP
  2. Ninth Circuit: ERISA Claims May be Arbitrated
  3. California: PAGA-only Claims May Not Seek Unpaid Wages
  4. Petaluma, CA: Minimum Wage Increases on January 1, 2020
  5. Colorado: Courts Are Not Required to Blue Pencil Noncompetition and Nonsolicitation Agreements
  6. Massachusetts: Counting 1099-MISC Workers for Paid Family Medical Leave
  7. New Jersey: Hairstyles are Protected under the Law Against Discrimination
  8. Bernalillo County, NM: Enacts Wellness Act
  9. New York: Hairstyles are Protected under the State Human Rights Law
  10. Toledo, Ohio: Salary History Inquiries Banned
  11. South Carolina: State Supreme Court Abolishes Common Law Marriage
  12. Dallas and San Antonio, TX: Paid Sick Leave Update

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EEOC Abandons the Incentives Sections of their Final Wellness Regulations

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January 1, 2019

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Effective January 1, 2019, the Equal Employment Opportunity Commission (EEOC) removed the incentives section of its final regulations on wellness programs under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). The EEOC regulations previously addressed how the ADA and GINA applied to employee health and wellness programs, including set limits on incentives that could be offered by wellness programs (e.g., for submitting to a wellness medical exam).

In light of the EEOC’S actions, employers are now faced with limited guidance on how financial incentives may be offered as part of their wellness programs.  The EEOC stated new proposed regulations may be forthcoming, but are unlikely to be released before June 2019. Employers should review wellness programs with legal counsel and look for the EEOC’s updated guidance in the future.

Action Items

  1. Have wellness programs reviewed for compliance.
  2. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

Voluntary Participation in Employer-Sponsored “Wellness Activities” is Not Compensable Time

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August 28, 2018

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The U.S. Department of Labor (DOL) recently issued an opinion letter stating that employers are not required to pay employees for time spent voluntarily attending certain wellness program-related activities, including health-based biometric screenings and benefit fairs.

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September Updates

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This Short List addresses the following topics:
  1. The Recent Federal Overtime Exemption Rule is Diminishing
  2. NLRB: More Examples of What is or isn’t Protected Concerted Activities on Facebook
  3. EEOC Must Reconsider Wellness Regulations
  4. Seventh Circuit: EEOC May Investigate Despite Right-to-Sue Letter and Issue of Judgment
  5. Arizona, Maryland, Wyoming:  Now Part of the E-Verify RIDE Program
  6. Berkeley, CA: Minimum Wage Increase, Paid Sick Leave, and Work Schedule Rules Will Soon Be In Effect
  7. San Diego, CA:  Equal Pay Bill for City Contractors and Consultants
  8. Santa Clara, CA: Santa Clara City’s Minimum Wage to Increase in 2018
  9. Connecticut: Anti-Discrimination Protections Expanded for Veterans
  10. Georgia: Amended Law Now Preempts Predictive Scheduling Ordinances
  11. New Jersey:  Anti-Discrimination Protections for Military and Veterans Expanded
  12. New York: Guidance on Tax Treatment of PFL Contributions and Benefits now Available
  13. Nevada: Pregnant Workers’ Fairness Act Poster Now Available
  14. North Carolina:  Fair Classification Act Emphasizes State Focus on Proper Employee Classification
  15. Texas: Hurricane Harvey Relief for Employees
  16. Washington:  New Biometric Information Protection law

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EEOC Proposes Rule on Interpretation of ADA for Employer Wellness Programs

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April 20, 2015

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The U.S. Equal Employment Opportunity Commission published a Notice of Proposed Rulemaking (NPRM) on April 20, 2015, effecting the application of the landmark Americans with Disabilities Act (ADA) to employer wellness programs.

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