Calvin Associates, Inc.

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EEOC suits contend wellness programs violate disability law

October 12 2014, 6:00 am

This article should be of interest to anyone who currently has a Wellness Program or is thinking of putting such a program in their business or organization. It appears the EEOC is taking a strong position on applying the ADA to workplace wellness programs. The playing field is changing.   Bruce Calvin.

This article first appeared on the Business Insurance blog at: http://www.businessinsurance.com/article/20141012/NEWS07/310129941

By Matt Dunning

The U.S. Equal Employment Opportunity Commission recently filed lawsuits against two Wisconsin companies that underscore the need for more clarity on rules that govern employers’ use of financial incentives to motivate employee participation in workplace wellness programs.

Legal experts say the lawsuits — in which two private companies are accused of violating the Americans with Disabilities Act — are the most concrete indication yet of the EEOC’s position on applying the ADA to workplace wellness programs.

“The EEOC is obviously sending out a broad message that blanket requirements for all employees regarding wellness programs are going to be looked as analogous to blanket requirements for criminal background checks or credit checks, in that they’re viewed as a punitive measure that could disparately impact a certain class of employees,” said Ricki Roer, a New York-based partner at law firm Wilson Elser Moskowitz Edelman & Dicker L.L.P.

However, Ms. Roer said, the suits illustrate a more complex and largely unaddressed conflict between the EEOC’s enforcement of workplace nondiscrimination laws and federal rules enacted earlier this year under the health care reform law encouraging employers to use results-based incentives to drive better health management among their employees.

Read more here……

Yelp Lawsuit Ruling Determines Yelp Can Legally Suppress Any Reviews It Chooses

September 17 2014, 7:08 am

Yelp Image

This article first appeared on the LocalVox local marketing blog at: http://localvox.com/blog/yelp-court-ruling-determines-yelp-can-legally-suppress-any-reviews-it-chooses.

Last week there was a momentous Yelp lawsuit ruling in California that allows Yelp to manipulate ratings and reviews as it so pleases. The key part of the court ruling in response to the lawsuit is not that the prosecution didn’t prove its case that Yelp manipulated ratings and reviews to “extort” paid advertising from clients – but that even if that had been proven, that Yelp has every right to do so.

Read more here…..

Connecting with your Audience

September 16 2014, 4:35 am

Personal qualities can set you apart and be remembered long after a meeting.

Connecting with colleagues in our industry in marketing, sales, and service is a very personal and important element in one’s career. It has far more to do with the individual presenter than the brand name, quality of manufactured products, or conversations on what team won the game last night. Setting yourself apart from the overabundance of sales types on the streets gets you heard and makes the difference between a memorable, and yet another mundane product presentation

[Article published by Edward J. Smith. Read more here]