Pension & Benefits News DOL, EEOC consider changes to FMLA and wellness regulations
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Monday, June 3, 2019

DOL, EEOC consider changes to FMLA and wellness regulations

By Pension and Benefits Editorial Staff

The DOL and EEOC have released their Spring 2019 Agency Rule Lists. The DOL’s list includes regulatory actions related to the FMLA and the definition of “fiduciary.” The EEOC revealed that it is developing new employer-sponsored wellness rules in response to a federal court ruling that partially vacated the agency’s final rules on the interaction of wellness programs with the ADA and GINA.

DOL. By April 2020, the DOL’s Wage and Hour Division expects to publish a request for information soliciting comments on ways to improve its regulations under the FMLA to better protect and suit the needs of workers and to reduce administrative and compliance burdens on employers.

In addition, by the end of 2019, EBSA hopes to issue a notice of proposed rulemaking on the definition of a "fiduciary" under Section 3(21)(A)(ii) of ERISA as a result of giving investment advice for a fee or other compensation. The Fifth Circuit vacated the definition contained in EBSA’s earlier regulation.

EEOC. By the end of 2019, the EEOC expects to issue a notice of proposed rulemaking on the interaction of employer-sponsored wellness programs and Title I of the ADA and GINA. Final rules addressing these interactions were previously published on May 17, 2016. However, on August 22, 2017, a federal district court in the District of Columbia (AARP v. EEOC) ordered the EEOC to reconsider both rules. After doing so, the agency rescinded portions of both the ADA and GINA wellness regulations. Agency staff is in the process of developing notices of proposed rulemaking to address wellness programs under the ADA and GINA in response to the court’s ruling.

SOURCE: www.dol.gov; www.eeoc.gov

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