SimplyHR | Employment & Labor Blog 

Following new rules issued on employer wellness programs, the Equal Employment Opportunity Commission on June 16 released an example of how employers should communicate with their employees about the medical information those programs obtain.

In May, the EEOC issued final rules clarifying that Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) allow employers to use incentives to encourage participation in wellness programs that include disability-related inquiries and/or medical examinations as long as the programs are voluntary and the incentives do not exceed certain limits. Now, the EEOC has provided an example of how employers that offer these wellness programs may notify their employees about the specifics.

On May 11, 2016, the Occupational Safety and Health Administration (OSHA) published the much-anticipated final rule revising its regulations on the recording and reporting of occupational injuries and illnesses.

The final rule requires employers to electronically submit information about workplace injuries and illnesses, and it bars employers from retaliating against workers for reporting such incidents. It also requires employers to inform workers of their right to report work-related injuries and illnesses without fear of retaliation and clarifies employees’ rights to access workplace injury data.

On May 26, 2016, the U.S. Court of Appeals for the Seventh Circuit issued its decision in Lewis v. Epic Systems, agreeing with the National Labor Relations Board’s position that mandatory arbitration agreements that prohibit employees from bringing class or collective claims violate the National Labor Relations Act. It was the first appellate court decision to accept the board’s stance, breaking with the Fifth Circuit and teeing up the final resolution of the validity of class waivers for the U.S. Supreme Court.