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Untangling the Law Behind Tobacco and other Lawful Product Use in Workplace Wellness Programs

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. Can I legally incentivize employees to not use products like tobacco, alcohol or marijuana as part of my workplace wellness program? That may be a…


EEOC Delays Revised Wellness Incentive Rules

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. In its Spring 2019 publication, the Equal Employment Opportunity Commission (EEOC) revised its timetable to issue proposed rules regarding wellness incentives under the Americans with…


Using the IRS “Medical Care” Guidance to Achieve Health Coaching Compliance

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. Many employers engage the services of a health coach as part of their workplace wellness program. The main goal of a health coach should be…


The Regulation of Employee Assistance Programs (EAPs)

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. According to the Bureau of Labor Statistics, in March 2016, 54% of civilian workers had access to employee assistance programs, or “EAPs.” Only 41% of…


When Workplace Data Collection Becomes a Medical Inquiry

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. I recently received a question regarding a proposed fitness activity for a workplace wellness program. The very astute wellness professional called me to ask whether…


Meeting Employees Where They Are: More Success and Less Legal Risk

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. Sometimes people want to change their behavior, and sometimes they don’t. The willingness to adopt healthier habits can ebb and flow throughout the year. Employee…


EEOC Removes Incentive Limits in ADA and GINA Rules: What it Means in Practice

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. In the December 20, 2018 Federal Register, the EEOC specifies which sections of the wellness rules under the Americans with Disabilities Act (ADA) and Genetic…


As of January 1, 2019, There Are No Incentive Limits, Right?

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. People are asking me this question a lot lately. The thought behind this question is this: because there will no longer be a maximum incentive…


EEOC Issues Notice Indicating It May Issue Proposed Revised ADA Rule in June 2019

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. On October 17, 2018, the Equal Employment Opportunity Commission (EEOC) issued notice RIN 3046-AB10 and RIN 3046-AB11 indicating its timetable for promulgating proposed rules under…


“Mandatory” or “Required” HRAs or Biometric Screens are Problematic Under the Law

The following article does NOT constitute legal advice and should not be used as such. It is for educational purposes only. Readers should retain legal counsel to obtain definitive answers. The language you use in your workplace wellness program materials is important.  I see a lot of workplace wellness messages that use the word “mandatory”…