EEOC Says Court Can't Set Wellness Rule Review Timeline

Law360, New York (January 17, 2018, 3:08 PM EST) -- The U.S. Equal Employment Opportunity Commission on Tuesday asked the D.C. federal judge who rejected its rules for incentivizing workplace wellness programs to revise his order for replacement rules, arguing he does not have the power to set the agency's schedule.

The agency urged U.S. District Judge John D. Bates to rethink his December order that the EEOC propose new rules by the end of August 2018, arguing federal courts' jurisdiction over agency actions ends at judgment "in all but the most unusual cases."

"While there are limited exceptions that permit a district court to retain jurisdiction pending remand to an...

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