Monday, October 31, 2016

That is SO last week

Last week, the AARP sued the EEOC in an effort to stop the EEOC’s new rules on wellness programs from taking effect in 2017. The AARP, a consumer advocacy group that represents older Americans, is challenging the rules because of their alleged disproportionate impact on older workers.  The lawsuit argues that the rules do not adequately protect workers’ privacy and that they allow wellness programs to violate anti-discrimination laws by forcing older workers to incur significant financial penalties if they do not divulge medical information. The AARP also argues that the EEOC’s rules allow wellness programs that are not truly voluntary, given the high cost of not participating. We aren’t the only ones remarking on this unusual set of adversaries and noting  a rare employee-side challenge to the EEOC’s rule-making.
In Other Developments
  • Browning-Ferris Industries filed a reply brief in its appeal of the NLRB’s decision to loosen the definition of joint employment.
  • New York City passed a law requiring companies to maintain written contracts that detail pay rates, responsibilities, and expectations of freelance employees and independent contractors.
  • A Texas judge ordered a nationwide preliminary injunction blocking large segments of the Fair Pay and Safe Workplaces Final Rule and Guidance from taking effect as scheduled on October 25.
  • The White House asked states to ban non-compete agreements for many workers.
  • Harvard Business Review proposes letting your employees rebel to improve employee engagement.