Tag Archives: GINA

What Now for Wellness?

If you’re an employer trying to sponsor a wellness program for 2019, then the recent kerfuffle between the AARP and the Equal Employment Opportunity Commission (EEOC) affects you. The AARP has challenged the EEOC’s wellness program regulations on the grounds that the EEOC’s permissible wellness incentive of up to 30 percent of the cost of … Continue reading this entry

New EEOC Rules for Wellness Programs: A 30 Percent Incentive = Voluntary

For years, employers have been allowed to offer voluntary wellness programs to employees under the Genetic Information Nondiscrimination Act (GINA) and the Americans with Disabilities Act (ADA). Both laws generally prohibit health-related questions and medical examinations, such as biometric screenings, but have an exception if done in conjunction with a voluntary wellness program. However, in … Continue reading this entry

Health Conscious? The EEOC Is Expanding Incentives for Employees’ Spouses

EEOC Developments
Employee wellness programs are frequently a source of ulcer-causing angst for employers, but the Equal Employment Opportunity Commission (EEOC) is making moves to treat some of the underlying issues. Late last week, the EEOC issued a proposed rule to amend Title II of the Genetic Information Non-Discrimination Act of 2008 (GINA) that would “allow employers who … Continue reading this entry

Sometimes You Just Cannot Make This Stuff Up

Warning: The following is true. Some readers may find the content disturbing. Reader discretion is advised. We have previously stated, although in somewhat tongue-in-cheek fashion, that labor and employment is the “TMZ” of the legal world. While that metaphoric comparison may be open for debate, many human resources professionals and employment law practitioners know that … Continue reading this entry

New FMLA Forms Are Here Just in Time for Summer!

You can sleep a little easier tonight — you no longer have to worry about using expired Family and Medical Leave Act of 1993 (FMLA) forms. On May 27, 2015, the United States Department of Labor (DOL) quietly updated its FMLA forms with a new expiration date of May 31, 2018. In addition to the … Continue reading this entry

EEOC Issues Final GINA Recordkeeping Rules

In our January 16, 2012 edition of Legal News: Employment Law Update, we discussed companies’ numerous obligations with respect to employee recordkeeping. On February 12, 2012, the EEOC added another set of requirements into the mix, issuing its final recordkeeping rules for the Genetic Information Non Discrimination Act (GINA).… Continue reading this entry

Safe Harbors Emerge for Employers Under New GINA Regulations

The Genetic Information Non-Discrimination Act of 2008 (GINA) was signed into law by President George W. Bush in May 2008 and became effective in November 2009. Title II of GINA prohibits employers with 15 or more employees, unions, employment agencies, and joint apprenticeship programs from discriminating against an individual based on his or her “genetic … Continue reading this entry

EEOC Issues Final Regulations Interpreting GINA

On November 8, 2010, the EEOC issued final regulations interpreting the federal Genetic Information Non-Discrimination Act (GINA), which prohibits employers from requesting, requiring, or purchasing an individual’s genetic information or using genetic information to make employment decisions. The new regulations, which will take effect in approximately 60 days, clarify several of GINA’s definitions and provide … Continue reading this entry