Posts by Brett Schnepper

Seventh Circuit Says Multiple Month Leave of Absence is Not a Reasonable Accommodation

In two recent cases, the Seventh Circuit Court of Appeals, which covers Wisconsin, Illinois, and Indiana, held an employee in need of a multiple month leave of absence is not within the class of employees protected by the Americans with Disabilities Act (“ADA”). The Seventh Circuit’s decisions present a potential conflict between the obligations imposed…

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EEOC Finalizes Workplace Wellness Program Rules

On May 16, 2016, the U.S. Equal Employment Opportunity Commission (“EEOC”) released two final rules concerning the use of workplace wellness programs. For the most part, these final rules are in line with the two sets of proposed rules issued last year and you can read more about those proposed rules in this May 2015…

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EEOC Loses Challenge to Workplace Wellness Program

A federal district court in Wisconsin recently dismissed one of the U.S. Equal Employment Opportunity Commission’s (“EEOC”) well-publicized attacks on employer wellness programs. Our earlier legal updates regarding this case and some other EEOC challenges can be found here: August 2014 Legal Update and October 2014 Legal Update. In EEOC v. Flambeau, Inc., No. 14-cv-638…

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End-of-Year Guidance Clarifies the Treatment of Opt-Out Payments and Extends Reporting Deadlines

Although many employers have already taken steps to satisfy their reporting obligations under the Affordable Care Act (“ACA”), the IRS recently announced several important changes that delay the ACA reporting deadlines and also answer some questions that affect employers that offer employees cash for opting out of health care coverage. As explained below, employers that…

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EEOC Proposed Wellness Regulations: Many Programs Would Be Allowed…With Some New Complications

On April 16, 2015, the U.S. Equal Employment Opportunity Commission (“EEOC”) finally released proposed regulations that would allow many workplace wellness programs to operate without violating the Americans with Disability Act (“ADA”). As summarized in earlier Legal Updates, the EEOC filed several lawsuits last year alleging that some very common wellness programs violated the ADA…

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