EEOC Issues Guidance on Employee Wellness Programs

Next week, the EEOC will publish proposed rules addressing how the ADA applies to employee wellness programs that are part of group health plans and that include questions about employees’ health or medical examinations.  In the interim, the EEOC has issued a Fact Sheet for Small Business and Questions and Answers for the general public. The… Continue reading EEOC Issues Guidance on Employee Wellness Programs

Don’t Transition Transgender Employee out the Door

To date, the EEOC has filed two lawsuits against employers for discriminating against transgender employees.  Today, a settlement was announced in one of the two cases.  The settlement requires the employer to pay $150,000, implement a new gender discrimination policy, and provide training to management and employees “regarding transgender/gender stereotype discrimination.”  In the lawsuit, the… Continue reading Don’t Transition Transgender Employee out the Door

It’s Different for Employees in California

In California, with a few very narrow exceptions, any contract that restrains anyone from engaging in a lawful profession, trade or business of any kind is void.  Cal. Bus. & Prof. Code § 16600.  As a result, non-competition agreements with employees are typically unenforceable.  Earlier this week, the Ninth Circuit Court of Appeals looked at… Continue reading It’s Different for Employees in California