Federal agencies have clarified how they will enforce laws related to wellness programs that incentivize behaviors like quitting smoking or losing weight. Employers can charge smokers up to 50% more for health premiums, but lawsuits have arisen claiming these practices violate the Employee Retirement Income Security Act (ERISA).
Francis ScialabbaFederal agencies recently issued guidance clarifying how they will enforce laws related to wellness programs, such as those aimed at incentivizing workers to quit smoking or lose weight.
Under federal law, employers can charge smokers up to 50% more for their health premiums.
But these practices have recently been subject to lawsuits alleging they violate the Employee Retirement Income Security Act (ERISA).
Typically, employers remove tobacco surcharges after an employee meets a “reasonable alternative standard” satisfying the
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