Ensuring that wellness plans are legally compliant has been challenging in recent years, with the Equal Employment Opportunity Commission challenging as unlawful certain wellness plan features expressly permitted by the Departments of Labor, Health and Human Services and Treasury (the “Departments”). However, proposed EEOC regulations on the use of incentives under wellness plans promise to bring the EEOC’s position largely (although not entirely) in line with the position of the Departments. Click here for more information on these proposed regulations from Crowell & Moring’s team.