Benefits and Executive Compensation

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For two months, an outbreak of a novel coronavirus (COVID-19) has been spreading rapidly across the world. Is your company prepared to handle the issues that will arise if the virus spreads to your community or even becomes a pandemic? In this presentation, Ashley Hager will discuss tips for managing…

Last month the EEOC issued its Final Rule on Employer Wellness Programs and Title I of the Americans with Disabilities Act (ADA). Title I of the ADA prohibits employers from obtaining medical information from employees unless those inquiries are part of a voluntary employee health program. Under the ADA an employee wellness program must also offer reasonable accommodations to individuals with disabilities so they have equal access to program fringe benefits.

The media has been full of stories recently about efforts by the city councils in New York City and Philadelphia to pass laws requiring employers to provide employees with paid sick leave.  While it appears that the New York City law will come into effect, as it has enough support in the council to overcome the expected veto of Mayor Bloomberg, the Philadelphia city council does not have enough votes to override Mayor Nutter’s veto.

Common sense tells us that it is a good idea for certain companies – hospitals, physicians’ offices, nursing homes, day care centers, and more, to take appropriate measures to safeguard the health of both the workforce and any population it serves.  By this logic, a policy requiring healthcare employees to receive flu shots seems reasonably calculated to protect employees and patrons, as well as to control the spread of communicable disease.  But, is it legal? 

The last post, Part 1, set forth the first five items on a wish list from an attorney’s perspective – specific ways in which a Human Resources department can minimize problems down the road.  The final five items are just as important.  Read on …