Employee wellness programs may be caught between the rock of the Americans With Disabilities Act (ADA) and hard place of the Health Insurance Portability and Accountability Act (HIPAA), as amended by the Affordable Care Act (ACA).
On February 25, 2015, the U.S. Department of Labor announced an important change in the definition of spouse under the Family Medical Leave Act (FMLA). The new rule was to take effective on March 27, 2015. But on March 26, U.S. District Judge Reed O’Connor of Texas issued a temporary restraining order putting the kibosh on the rule change.
Nearly 2,500 men received back wages, interest, and benefits because they were steered by the employer to “men’s work” and not hired to do “women’s work.”
Beginning in approximately 2009, the U.S. Labor Department (DOL) began a crackdown on misclassification of workers. In 2011, the Internal Revenue Service (IRS) joined the effort. Under an agreement between the two departments, the DOL will provide information to the IRS for investigation of potential misclassification.