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Court Throws Monkey Wrench Into Wellness Programs
Proskauer's ERISA Practice Center Link to more items from this source
Aug. 23, 2017
"[T]he court found that the EEOC failed to explain the reasoning behind its decision that an incentive of up to 30% of the cost of self-only coverage would not make participation involuntary. Although the court recognized that it must defer to the agency's decision 'if the agency has offered a reasoned explanation,' the court concluded that it 'could find nothing in the administrative record that explains the agency's conclusion that the 30% incentive level is the appropriate measure for voluntariness.' ... [T]he court has allowed the EEOC's final rules to remain in effect pending the EEOC's review." [AARP v. EEOC, No. 16-2113 (D.D.C. Aug. 22, 2017)]

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