Tobacco-Free Work Environments Minnesota Clean Indoor Air Act Prohibits smoking in: Indoor Public Places Indoor Places of Employment Does not Regulate/Prohibit: Drifting smoke Smoking in outdoor areas Smokeless tobacco products Stronger smoke- or tobacco-free policies
Electronic Cigarettes Use Only Prohibited Inside: Licensed Daycare Facilities During Hours of Operation Health Care Facilities Government Buildings Facilities owned by : Minnesota State Colleges & Universities System (MnSCU) University of Minnesota Facilities licensed by : Minnesota Department of Human Services (DHS) Minnesota Department of Health (MDH)*
“Smokers Rights” A Minnesota employer may not 1) refuse to hire, 2) discipline, or 3) discharge an employee who engages in (or has engaged in) the use or enjoyment of lawful consumable products, if the use or enjoyment takes place: Off the Employer’s Premises During Nonworking Hours
Exceptions and Distinctions Bona Fide Occupational Requirements Necessary to avoid conflicts of interest Health or Life Insurance Plans Distinctions based on type or cost of coverage Different premium rates must reflect actual difference in cost to employer
Workers’ Compensation Mandatory compensation system for injuries that occur during the course of employment Minn. Stat. § 176.021, subd. 9: Injuries incurred as part of a worksite may not be compensable if participation is voluntary Distinction = Voluntary vs. Mandatory
Fringe Benefits - Expenses Taxable Health Club Not operated by employer Cash Rewards Gift Certificates Non-Taxable De minimis Water bottles T-shirts Pedometers Meals On the employer premises Contributions to medical plans On-premises health club
Withholdings Employer must withhold tax for prizes & awards Taxable benefits to dependents are also taxable to the employee
Deductions Fringe Benefits Taxable to employees: Not deductible to the employer Not taxable to employees: Deductible to the employer
Medical Information Health Insurance Portability and Accountability Act HIPPA
HIPAA – Non-Discrimination An individual cannot be denied eligibility for benefits or charged more for coverage because of any health factor Can impact wellness programs
Participation-Based Programs Reward for “simply” participating HIPAA compliant program
Performance-Based Programs Rewards for meeting goals Penalty for failing to meet goal
Performance-Based Programs Criteria: Promote health or prevent disease Rewards not >30% of cost of coverage Prevent or Reduce Tobacco Use: Not >50% Opportunity to qualify at least once a year Alternatives for special medical needs Notice alternative available
HIPAA – Privacy Protect and minimize information about an individual’s Health condition Treatment Payment records Demographics
ADA - Disability Physical or mental impairment that substantially limits one or more major life activities; Record of such an impairment; or Regarded as having such an impairment.
ADA - Accommodation Employers must provide reasonable accommodations Unless it would cause undue hardship
ADA – Medical Examinations Must be: Voluntary Part of an employee health program Available to employees at the work site
ADA – Confidentiality Medical information must be kept separate, and kept confidential A request for a reasonable accommodation is considered medical information
Nursing Mothers State and Federal Requirements Reasonable Break Times Private Space Close proximity to work area Shielded from view Free from intrusion from co-workers Access to electrical outlet Not a bathroom or toilet stall Protection from Retaliation Applies to all employers
Affordable Care Act Increased limit on value of incentives From 20% to 30% Beginning Jan. 1, 2014 Small employer grant program <100 employees Evaluation of worksite wellness programs
Scott M. Kelly – firstname.lastname@example.org (651) 695- 7611 Warren Ortland – email@example.com (651) 290-7539 The legal information and assistance provided in this presentation does not constitute legal advice or legal representation.
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