Yesterday’s CED warned of potential legal hassles for wellness programs under HIPAA, the NLRA, the Internal Revenue Code, and the ADA; today, threats from GINA and state law.
GINA (which prohibits discrimination on the basis of genetic information with respect to health insurance and employment) does allow employers to offer health or genetic services to their employees under certain circumstances. They have to be part of a “bona fide” wellness program that meets the following criteria:
The GINA regulations further clarify how the law applies to voluntary wellness programs and the health risk assessments (HRAs) that are used in conjunction with such programs.
In general, employers may not offer a financial inducement for employees to provide genetic information. However, you may offer financial inducements for employees to complete an HRA that includes questions about family medical history or other genetic information if:
Don’t miss the 7th annual California Employment Law Update conference—sign up today and save $100!
The regulations also describe how you can provide financial inducements to encourage employees to participate in disease management programs or other programs that promote healthy lifestyles and/or to meet particular health goals as part of a health or genetic service.
State Law Protecting Off-Duty Conduct
California law protects individuals from discrimination on the basis of any lawful activity occurring away from the employer's premises during nonworking hours (which would include, for example, smoking cigarettes). When designing your wellness program, don’t forget to take this into consideration.
California Employment Law Update: The Only Employment Law Conference You Need
From wellness to terminations to intermittent leave and accommodations, there’s a lot for you to stay up on as an HR professional. And the fact that you work in California makes everything just that much more complicated.
Don’t get caught short. Join us this fall for the 7th Annual California Employment Law Update conference in Berkeley.
This acclaimed annual event, specifically designed for California employers, delivers rock-solid, bottom-line value with practical guidance for overcoming the latest HR challenges in California.
Join us and learn the latest on …
EMPLOYMENT LAW ENFORCEMENT
The EEOC is ramping up, requesting for 2012 an $18 million budget increase over 2011 and slots for 30 new investigators. And California is stepping up its enforcement game, too. What can you as a California employer expect from this new spotlight on the state and federal antibias laws? An uptick in claims of disability bias, age bias, bias on the basis of genetic information, and more. It’s time to get prepared.
FMLA/CFRA & ADA COMPLIANCE
The new ADAAA regulations have dramatically changed the face of FMLA—now, because so many more people with “serious health conditions” are also considered to have a “disability” under the ADAAA, the 12-week cap on FMLA leave may be turning into a thing of the past in many cases. And, of course, the California Family Rights Act (CFRA) already gives employees heightened protections. How to legally accommodate your employees and keep your business running smoothly these days?
You may or may not be on Twitter, Facebook, LinkedIn, Google+, and so on. But your employees are—and their social media habits could be costing you big in lost productivity. They could even be setting you up for a damaging lawsuit, depending on what they’re saying and how far they’re spreading the word. You won’t want to miss our up-to-the-minute social media session, where you’ll learn:
HIRING & RETENTION
As the economy finally—finally!— gets back on its feet, it’s time to shift the focus from survive to thrive. Learn how to keep your superstars and find the next crop of incredible talent, while keeping employees at all levels engaged and involved in your business.
You’ll earn up to 15.5 hours of California-specific HRCI recertification credit, and MCLE credit is also available. Best of all, if you register before the end of this week, you’ll save $100 off your registration!
It’s an unbeatable deal—click here for all the details. We hope to see you there. But don’t delay—the clock is ticking on the early bird discount, which will be gone for good after this Friday the 22nd, so claim your spot now!
Download your free copy of
Training Your New Supervisors: 11 Practical Lessons today!
It's kind of mind-boggling how something as well intentioned as a wellness problem could get you into so much legal hot water.