Fisher Phillips Attorney Discusses Forthcoming Wellness Regulations with Law360

In an article about the Trump administration’s regulatory agenda, Law360 interviewed Mathew Parker about how a new head of the Equal Opportunity Employment Commission will influence the outcome of the forthcoming wellness regulations. Mathew said: "Dhillon will have time to address the incentive issue and influence the ultimate product. The one point that Dhillon did make was that she was going to redo the regulation to comply with both congressional intent and the court's direction in the AARP case. ... I think that we'll see a final product that does encourage participation in the wellness programs and that provides much clearer guidance on the types of incentives that they can offer."

According to Mathew, employers have dealt with it in the interim in a variety of ways depending on their tolerance for legal risk. Those include eliminating wellness incentives or penalties attached to wellness program participation altogether, offering a lower incentive than what the EEOC initially proposed, or kept the 30% incentive in place.

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