"EEOC regulations proposed in the final days of the Trump Administration would, if finalized, reduce the permissible incentive for participatory wellness programs to a de minimis amount -- such as a water bottle or T-shirt.... The Biden Administration has withdrawn the proposed regulations from publication in the Federal Register ... Although they may not be finalized in their current form, the proposed regulations reflect the thinking of the EEOC on how small an incentive must remain (answer: very small) in order to preserve the voluntariness of a participatory wellness program. As such, employers cannot afford to ignore them."

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