Posts Categorized: Welfare Benefits

Wellness Benefits Case Arising Before the 2016 ADA Regulations Is Dismissed

in Court Cases, Welfare Benefits, Wellness Programs

The debate on the interaction between wellness programs, the ADA prohibition on involuntary medical exams and the ADA safe harbor relating to employee benefit plans will not be clarified.  Last week, the U.S. Court of Appeals for the 7th Circuit upheld the lower court’s dismissal of the case, EEOC v. Flambeau, Case No. 3:14-cv-00638-bbc.  The 7th Circuit dismissed the EEOC’s case against Flambeau on the basis that it was moot – the employer had dropped its mandatory wellness program which included biometric screenings as a condition for enrolling in its subsidized health benefits, and there had been no harm to… Continue Reading

President Trump Administration Freezes New Regulations

in Fiduciary Issues, Health Benefits, Welfare Benefits

Soon after Donald Trump officially became the forty-fifth president of the United States, Reince Priebus, the President’s Chief of Staff, issued a memorandum freezing all pending regulations.  This memorandum is similar to the memorandums issued at the beginning of prior administrations.  In general, and subject to certain exceptions, the memorandum provides the following – Agencies shall send no new regulations to be published in the Federal Register until an appropriate individual appointed or designated by the President reviews such regulation. With respect to regulations that have been sent to the Federal Register but not yet published, agencies must immediately withdraw… Continue Reading