To avoid potentially costly and time-consuming issues, it is imperative for employers to carefully consider compliance, document the reasonableness of incentive choices and lean on trusted counsel. (Photo: Shutterstock)
Defining “wellness” for any one person is no simple task, and neither is deciphering a given wellness program's compliance under the law.
In 2016, when the Equal Employment Opportunity Commission (EEOC) released its final regulations defining a “voluntary” program under the Americans with Disabilities Act (ADA), the entire landscape — at least what can be seen on a hazy day — appeared defined. But thanks to AARP's successful challenge to these regulations and the EEOC's recent acknowledgement of the demise of its incentive limitations, employers find themselves back in the “Wild West” of sorts for wellness compliance.
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