To avoid the legal grey area, wellness vendors are offering voluntary alternatives such as health literacy training, distribution of wearables or participation in online health education games. (Photo: Shutterstock)

The U.S. Equal Employment Opportunity Commission's (EEOC) announcement in March that it has no immediate plans to issue new wellness regulations regarding the definition of “voluntary” might have left employers confused but not panicked.

“I'm actually seeing people shockingly chill about this whole thing, people who were looking for an excuse to cut back on their screenings,” says Al Lewis, president of Quizzify, an employee health education vendor based in New York City. “I would have thought there would be this massive lobbying campaign by the American Benefits Council. But they've been incredibly quiet about this.”

Instead, the American Benefits Council is focusing its efforts on helping employers, saying in a statement, “As the laws surrounding wellness programs have become mired in legislative, regulatory and legal uncertainty, we are working closely with our employer members and agencies like the EEOC to ensure that wellness programs advance the goals of a healthier workforce and reduced health care costs.”