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What Civil Rights Law can Teach Workplace Wellness Professionals

Posted by Barbara J. Zabawa | Nov 07, 2019 | 0 Comments

The premise behind civil rights laws such as Title VII and the ADA often is at odds with the core purpose behind wellness programs - which is to get everyone to attain certain health metrics. This blog post explores why remembering the civil rights laws is important for workplace wellness programming, not only to reduce legal risk, but to address health inequities.

The Regulation of Employee Assistance Programs

Posted by Barbara J. Zabawa | Apr 08, 2019 | 0 Comments

Depending on how they are designed, EAPs may be subject to COBRA, ERISA, ACA and MHPAEA requirements. However, if they are subject to those federal laws, particularly ERISA, then they should not be subject to state insurance regulation, such as California's Knox-Keene law.

No More Incentive Guidance for HRAs? An Update on the AARP v. EEOC Case

Posted by Barbara J. Zabawa | Feb 21, 2018 | 0 Comments

The EEOC outlined three possible options on how it might respond to the elimination of the incentive rules by the court in the AARP case. First, it may issue new rules. Second, it may decide against issuing new rules and leave the rules as they are, without the incentive safe harbor. Third, it might take a “wait-and-see” approach, choosing to study the issue further or await the resolution of potential appellate proceedings. AARP v. EEOC, 16-cv-2113, dkt. #56, at 7 (Jan. 18, 2018).

UPDATE: EEOC Asks Court in AARP Case to Relieve It from Re-Writing ADA and GINA Rules

Posted by Barbara J. Zabawa | Jan 18, 2018 | 0 Comments

On Tuesday, January 16, 2018, the EEOC asked the court to withdraw itself from the case, to close the case and, most importantly for this blog post, “remove any requirement that the EEOC file status reports or engage in any rulemaking on any schedule.” AARP v. EEOC, 16-cv-2113, dkt. #56 (Jan. 16, 2018). According to the EEOC’s court filing, the AARP does not oppose this request by EEOC.

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