Earlier this month, under the Trump administration, the U.S. Equal Employment Opportunity Commission (EEOC) issued proposed rules on the incentives that employers are permitted to offer to encourage employee participation in company wellness programs. The Biden administration has withdrawn the proposed rules from publication in the Federal Register via a regulatory freeze.
OMA Connections Partner Calfee says that while the proposed rules may be revised before being finalized, they provide insight into the EEOC’s perspective on defining incentives under a participatory wellness program in order for those incentives to be considered voluntary. COVID-19 vaccination programs would be classified as participatory programs. Here is Calfee’s summary of the key provisions of the proposed rules. 1/28/2021