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The EEOC has just released their rules for clinically based wellness programs in a “Notice of Proposed Rulemaking,” or NPRM. This NPRM will soon be published to allow 60 days for public comments, before final revisions and implementation for 2022. Once the NPRM is published, you can visit https://www.regulations.gov/ and type “EEOC” into the search bar, find the NPRM, and comment.

The proposed rules, as directed by the 2017 decision in AARP v. EEOC, could reduce employee participation in wellness programs by capping allowable incentives at “de minimis.”

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