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EEOC Finally Releases Notice of Proposed Rulemaking for Wellness Programs
Verrill Dana LLPLink to more items from this source
[Guidance Overview]
Apr. 27, 2015

"Like the proposed rules themselves, the EEOC's requests for comment on the Notice provide a mix of helpful insight and somewhat unsettling language. For example, the EEOC requests comments regarding whether employers should be required to secure written confirmation from an employee that their participation in the wellness program is voluntary, whether the proposed notice requirement should only apply to wellness programs that offer more than de minimis rewards (or penalties), and whether rewards provided by wellness programs that are offered outside of a 'group health plan' or insurance arrangement should be limited. These requests suggest that the EEOC may be looking either to further limit the scope of wellness programs or create additional administrative burdens on employers who maintain them. Other requests for comment indicate that EEOC is not quite in tune with the role that wellness programs have come to play the workplace."

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