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Employers must comply with wage and hour laws, like the Fair Labor Standards Act, that dictate how long an employee can work and how much he or she must be paid. Sydney. • creation of government business enterprises. • legislative inertia. The Bill was the subject of a scathing report by the Standing Joint Committee for the Scrutiny of Regulations (the Canadian Scrutiny Committee) on the basis that the proposal would give the executive undue control and that it was inconsistent with the constitutional values of the rule of law. equality and government accountability.246 ◗ Victor Perton The concept of “alternative compliance mechanisms” (ACMs).
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As we reported
last month, the final Americans with Disabilities Act (“ADA”) rules require employers who offer wellness programs that include disability-related inquiries or medical examinations to provide a written notice to employees.
As predicted, the EEOC has published a sample notice
that employers may use to comply with the ADA rules. The EEOC simultaneously released Q&As
, summarized below, which provide guidance on using and distributing the notice.
- Who must provide the notice? The employer’s wellness program provider or vendor may provide the notice, but the employer will remain responsible for ensuring that employees receive it.
- Does the sample notice have to be used verbatim? No. As a matter of fact, the sample notice will need to be customized for most wellness programs. For example, the sample notice states: “You will also be asked to complete a biometric screening, which will include a blood test…” Some employers may not offer biometric screenings as part of their wellness program.
A notice is sufficient if it informs employees, in language they can understand, what information will be collected, how it will be used, who will receive it, and what will be done to keep it confidential The Income-Related Benefits download online download online.
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