February 28, 2014 - New York City
Affordable Care Act regulations encourage employers to implement Wellness Programs (e.g., smoking cessation, weight loss, etc.) with an assumed resulting reduction in cost of insurance coverage. Are these savings real? Additionally, there are legal implications including the question of disparate impact discrimination under Title VII, the ADA, GINA, as well as HIPAA issues.
Do these programs conflict with provisions of collective bargaining agreements, leading to grievances? The Final Rules issued by the Departments of Health & Human Services, Labor and Treasury outline nondiscrimination standards for incentives to reward employees who meet the wellness goals.
How are these programs developed? Our panel to discussed the legal issues facing employers, unions, benefit plans, and workers and the attorneys who represent them.
- Susan E. Bernstein, Special Counsel, Schulte Roth & Zabel LLP
- Elizabeth Grossman, Director, PAIR & PABSS, Disability Rights New York, Disability Advocates, Inc., and formerly Regional Attorney, NY District Office, EEOC
- Tom Kennedy, Partner, Kennedy, Jennik & Murray P.C.
- Joan Smyth, Partner, Mercer
- Moderated by Mark Brossman, Partner, Schulte Roth & Zabel LLP
Date: Was held on Friday, February 28, 2014
Sponsored by Kennedy, Jennik & Murray P.C. and Schulte Roth & Zabel LLP
- Anheuser Busch, Inc and Brewers and Malsters, Local Union No. 6, affilliated with the International Brotherhood of Teamsters, 342 NLRB 49 (2004) (PDF, 6 MB)
- Bradley Seff v. Broward County, Florida, a political subdivision of the State of Florida, 691 F.3d 1221 (2012) (PDF, 169 KB)
- Caterpillar, Inc. and International Association of Machinists and Aerospace Workers, Local Lodge No. 851, AFL-CIO, 355 NLRB 91 (2010) (PDF, 5 MB)
- The Courier Journal, a Division of Gannett Kentucky Limited Partnership, and Graphic Communications International Union, Local 619-M, 342 NLRB 113 (2004) (PDF, 8 MB)
- ebri.org, Employee Benefit Research Institute. "What-Motivates-Wellness-Program-Participation?" No, 263 (January 9, 2014) (PDF, 256 KB)
- E.I. DuPont De Nemours and Company and United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers Union (USW) and its Local 4-786, 355 NLRB 177 (2010) (PDF, 9 MB)
- E.I. DuPont De Nemours, Louisville Works and Paper, Allied-Industrial, Chemical and Energy Workers International Union and its Local 5-2002, 355 NLRB 176 (2010) (PDF, 7 MB)
- Federal Register. Rules and Regulations: "Incentives for Nondiscriminatory Wellness Programs in Group Health Plans." Vol. 78, No. 106 (June 3, 2013) (PDF, 234 KB)
- Kingsbury, Kathleen, "How Your Company is Watching Your Waistline." Reuters. (11/13/2013) (PDF, 33 KB)
- KSM Industries, Inc. and United Paperworkers International Union, Local 7779, AFL-CIO-CLC, 336 NLRB 7 (2001) (PDF, 8 MB)
- McClatchy Newspapers, Inc. Publisher of the Sacremento Bee and Norhern California Newspaper Guil, Local 52, the Newspaper Guild, AFL-CIO, CLC, 321 NLRB 174 (1996) (PDF, 5 MB)
- Owens-Corning Fiberglass Corporation adn Insulation Production Workers Local Union No. 1. 282 NLRB 85 (1987) (PDF, 891 KB)
- Pacific Coast Association of Pulp and Paper Manufacturers v. NLRB, 304 F.2d 760 (1962) (PDF, 57 KB)
- Raytheon Company and United Steel, Paper & Forestry, Rubber, Manufacturing Energy, Allied-Industrial & Service Workers International Union, AFL-CIO, Administrative Law Judge Decision, 25-CA-092145 (2013) (PDF, 9 MB)
- Verizon New York Inc, v. NLRB 360 F.3d 206 (2004) (PDF, 51 KB)