Nova 401(k) Associates
Nicholas Pension Consultants
Compensation Strategies Group, Ltd.
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|EEOC Rules on Wellness Programs Further Limit Employer Design Options|
Seyfarth Shaw LLP
Apr. 19, 2015
"[T]he EEOC's proposed rules rejected the clear safe harbor contained in the ADA for wellness programs established as a part of a bona fide benefit plan. Despite the significance of this shift, the EEOC limits its discussion of the ADA benefit plan safe harbor to a footnote. It simply says that wellness programs are 'medical examinations' and thus must be 'voluntary.' The EEOC, by so doing, appears to disregard the benefit plan safe harbor under the ADA."
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