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SHRM: Proposed Rule Discourages Participation in Wellness Programs


Jason Brown was quoted in SHRM on February 2, 2016. The article “Proposed Rule Discourages Participation in Wellness Programs” discussed how the Equal Employment Opportunity Commission (EEOC) has set out a proposed rule that will make the provision of incentives to spouses difficult, according to Jan. 28 comments from the Society for Human Resource Management (SHRM).

He provided his input on incentive caps and in-kind incentives.

By contrast, the Affordable Care Act (ACA) rule is simple—allowing for 30 percent of the cost of coverage. The proposed GINA rule is complex, and will act as a disincentive for giving inducements to spouses, said Jason. The ACA doesn’t require apportioning the incentive between the employee and his or her spouse, he noted.

Jason said that in California, in-kind incentives already are discouraged because they are defined as compensation. “Even a Starbucks gift card or a yoga gift certificate could be considered wages and mess up the overtime calculation,” he said. Extra paid time off is more common as an inducement in California, he noted.

To read the full article, please visit SHRM.

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