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.

Genetic Information Nondiscrimination Act (GINA)

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:

• Participation in the program must be purely voluntarily.
• The employee must provide written authorization beforehand.
• Only the employee (or family member if the family member is receiving the service) and the licensed healthcare professional or board-certified genetic counselor may receive individually identifiable information concerning the results of the service.
• Any individually identifiable genetic information provided as a result of the service is available only for purposes of the service and is not disclosed to the employer except in aggregate terms that don’t disclose the identity of specific employees.

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:

• The assessment specifically identifies which questions request genetic information; and
• You make clear, in language that is reasonably likely to be understood by those completing the HRA, that the questions are optional and the financial reward will be provided to employees whether they complete that portion of the assessment or not.

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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.

• Equal Employment: Learn how to protect yourself from litigious employees and zealous government investigators.
• NLRB: Get up to speed on the NLRB’s latest pro-union initiatives—and learn how to stay off its radar.
• Wage/hour: Avoid the most common—and costly—employee misclassification errors that can destroy your reputation and your bottom line.
• OFCCP: Don’t get caught in a costly spot inspection—we’ll explain how to stay out of trouble. 

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?

• Get up-to-the-minute guidance on complying with both the ADAAA and FMLA/CFRA—including recent court cases interpreting the intersection of the two types of leave.
• Learn how to ensure your documentation on employee leaves is complete and correct.
• Discover how to properly manage obesity, mental disability, substance abuse, and more under both the ADAAA and the California Fair Employment and Housing Act (FEHA).
• Find out why disability discrimination claims have spiked recently—and, even more importantly, how to avoid becoming part of this trend. 

SOCIAL MEDIA
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:

• Why you absolutely must have a social media policy—and what should be in it;
• How social media can be HR’s best friend or worst enemy, depending on how you manage it;
• The fine line between monitoring your employees’ social media usage and overstepping the considerable privacy protections they enjoy under California law; and
• How social media can help you avoid a bad hiring decision, which can cost twice an exiting employee’s salary. 

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.

• Will 2012 be the Year of the Employee Backlash? Could be, says Forbes. How to protect your workplace from demotivation and ship-jumping.
• How to find—and land—the best and brightest, and encourage them to stay with you for the long haul.
• Effective tips for handling compensation increases after years of flatlining (or even salary decreases, in some cases).
• Strategies for avoiding candidates who are exceptional interviewees but sub-par employees.         
• Practical tips for developing talent from within.  
• And much more!

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!