United States: NJ Businesses And Lawmakers Continue Debate Over Municipal Sick Leave Laws

Controversy continues to stir over the growing number of municipal sick leave laws in the State of New Jersey. To date, nine such localities—Bloomfield, East Orange, Irvington, Jersey City, Montclair, Newark, Passaic, Paterson and Trenton— have required employers to provide paid sick leave to their employees. No other state in the nation has anywhere near that number of municipal sick leave laws.

Several businesses in New Jersey have voiced concerns about this trend. Chief among […]

By | April 24th, 2015 ||

United States: The EEOC Provides Welcome Guidance On Employment-Based Wellness Plans

On April 16, 2015, the EEOC published proposed regulations setting forth its position on the use of physical examinations under employment-based wellness programs. This comes as welcome guidance to employers who have implemented, or who hope to implement, workplace wellness programs that include biometric tests or physical examinations as part of the process for providing financial rewards to employees.

Background

It all began back in 1996 with the enactment of the Health Insurance Portability and […]

By | April 23rd, 2015 ||

United States: Get Healthy (Or Else?): The EEOC Proposes New Rules To Define When Participation In An Employer Wellness Program Is “Voluntary”

Under Title I of the Americans with Disabilities Act (“ADA”), employers aren’t allowed to discriminate against workers based on health status. Under the ADA, employers can, however, ask workers for details about their health and conduct medical exams as part of a voluntary wellness program. Employers have been clamoring for the EEOC to spell out what “voluntary” means under the ADA and to clarify the relationship between the ADA and wellness program financial incentives […]

By | April 23rd, 2015 ||