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DC District Court Remands EEOC Wellness Program Regs for Reconsideration
Morgan Lewis Oct. 9, 2017
"On September 21, 2017, the EEOC submitted a status report in accordance with the court's order. The status report clarified that the EEOC intends to issue a notice of proposed rulemaking by August 2018 and a final rule by October 2019. The EEOC further explained that any substantive changes included in the new rule would likely not become effective until the beginning of 2021, at the earliest.... [E]mployers should monitor the EEOC's progress, and think carefully before designing new wellness programs that rely on the current regulations to provide significant incentives. Additionally, wellness program sponsors should be mindful of the potential impact this case will have on participant-driven lawsuits."
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