EEOC Issues Proposed Wellness Program Amendments to ADA Regulations

My colleagues Frank C. Morris, Jr., Adam C. Solander, and August Emil Huelle co-authored a Health Care and Life Sciences Client Alert concerning the EEOC’s proposed amendments to its ADA regulations and it is a topic of interest to many of our readers.

Following is an excerpt:

On April 16, 2015, the Equal Employment Opportunity Commission (“EEOC”) released its highly anticipated proposed regulations (to be published in the Federal Register on April 20, 2015, for notice and comment) setting forth the EEOC’s interpretation of the term “voluntary” as to the disability-related inquiries and medical examination provisions of the American with Disabilities Act (“ADA”). Under the ADA, employers are generally barred from making disability-related inquiries to employees or requiring employees to undergo medical examinations. There is an exception to this prohibition, however, for disability-related inquiries and medical examinations that are “voluntary.”

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EEOC Wellness Regulations – What Do They Mean for Employer-Sponsored Programs?

The U.S. Equal Employment Opportunity Commission issued proposed regulations addressing how the Americans with Disabilities Act (“ADA”) applies to corporate wellness programs.  Namely, the proposed rule amends the ADA regulations to provide guidance on the extent to which employers may use incentives to encourage employees to participate in wellness programs that include disability-related inquiries and/or medical examinations.  The proposed rule will be published in the Federal Register on April 20, 2015.  Comments will be due 60 days from the date of publication.  The pre-publication version of the proposed rule can be viewed here. For additional information, visit Epstein Becker Green’s website to sign up for our upcoming webinar:  EEOC Wellness Regulations – What Do They Mean for Employer-Sponsored Programs?

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Week of April 13, 2015 on ILNToday – A Roundup!

It’s hard to believe another week has gone by, and it’s really hard to believe that another LMA conference has come and gone. We have some great memories and takeaways that I’ll be sharing over the coming days, but first, let’s look at this week’s top posts from ILNToday!


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ILN Today Post

Permitted development rights – further changes from 15 April

The last few years have seen a shake-up of permitted development rights by the coalition government aimed at introducing greater flexibility into the planning system and promoting growth.

By way of a general reminder, permitted development rights are a national grant of planning permission which allows certain building works or changes of use without the need for a planning application. Permitted development rights are generally subject to national conditions and limitations (for example limits on height, size or location etc.).  More…

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ILN Today Post

FM must ensure credits where credit’s due

A version of this article was published in Construction News on 16 February 2015

Service credits have long been a fundamental part of performance management in facilities management contracts. However, a recent decision has shed new light on the importance of keeping service credits updated as the service requirement evolves to ensure they remain enforceable.

The commercial principle of service credits is sound. With agreements covering an intricate range of services, demonstrating losses caused by specific failures is a complex process often involving effort disproportionate to the problem itself. Instead FM contracts usually include a series of fixed (or ‘liquidated’) sums payable if certain failures occur meaning that clients can more easily recover their losses and suppliers understand their risk upfront. Without such arrangements, performance management would become unworkable. More…

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The Scottish souvenir title “scams” – a storm in a teacup?

It has an understandable attraction to it. Being a Laird or Lady of some remote Highland location. To imagine yourself as some swashbuckling character in some Game of Thrones style landscape, running around in a kilt, Golden Retriever by your side, and brandishing your sgian-dubh at any trespasser who dares encroach onto your little patch of Scotland. For most non-Scots, it brings to mind a highly inaccurate, heavily romanticised, view of Scottish Highland life and simply serves to reinforce the misconceptions of quintessential Highland society.

I am, of course, talking about the infamous Highland “souvenir” plots that have proven (and continue) to be a popular choice of unique gifts. In 2010, the Daily Record reported the case of “Lord Hicks of Lochaber” (aka Kevin Hicks, a fireman from Essex) who was so pleased with his Highland plot and Lordship title that he was reported to have proclaimed: “I’ve ordered some stationery and I intend to change my passport, driving licence, all that kind of stuff”.

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On March 30, Davis Malm shareholder Sam A. Mawn-Mahlau served as a moderator at the Boston Bar Association’s “Cuba: Open for Business” program. The program explored recent legal developments, including the sanctions that have been eased and those that remain, and the broader landscape in the Cuban-American relationships. In addition, the panelists looked at new opportunities for engagement in business, educational, and cultural activities, and discussed a wide range of existing issues and their status, including questions relating to claims for expropriations.

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A Basic Tax Guide For Foreign Investors In U.S. Residential Real Estate

The U.S. income tax code contains numerous traps for the unwary foreign investor. This guide is intended to assist the foreign investor in U.S. real estate in understanding how the U.S. estate, gift and income tax rules affect his or her investment and the planning opportunities available to minimize U.S. taxes. More…

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McDonald Hopkins Government Strategies: This Week in Washington — April 17, 2015

This week, the Senate overwhelmingly approved the permanent Medicare doc-fix bill, 92-8, and the White House has indicated that President Obama will sign the bill, which would put an end to one of Congress’s most-hated rituals.

Two of the eight votes against the measure came from senators running for president – with Senator Ted Cruz (R-TX) and Senator Marco Rubio (R-FL) opposing the bill. The third GOP presidential hopeful in the Senate, Senator Rand Paul (R-KY), voted for the legislation.

Cruz derided the bill for not being fully paid for, citing an estimate that it could add as much as $500 billion to the federal deficit in the next 20 years. According to the official Congressional Budget Office score, the bill is expected to cost about $210 billion in the next 10 years, with $70 billion directly offset through cuts to providers and beneficiaries.

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The ANDYs – Honoring the Heroes of Advertising

AndysWe all need heroes and people whose bravery, commitment and skill make us feel like there is good in the world. These people inspire us to do our own best work and be our own best personal and professional selves.

That’s a point not lost on The International ANDY Awards. Launched in 1964 by The Advertising Club of New York, the ANDYs honors creatives who’ve done especially bold and courageous work. That’s an increasingly tall order in these days of tighter ad budgets, more conservative clients, and campaigns that have to address a variety of new media channels while still excelling at old school print and television.

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