With the EEOC challenging employee wellness programs, give yours a look

L&E Flash

By Jill S. Vorobiev

Jill S. Vorobiev is a member of Dykema’s labor and employment group with an emphasis on labor and employment litigation. Her practice covers representation of corporate clients in state and federal courts as well as before administrative agencies. Her experience includes matters under the Employee Retirement Income Security Act, Title VII of the Civil Rights Act of 1964, the False Claims Act, the Fair Labor Standards Act, the Americans with Disabilities Act, the Family and Medical Leave Act, the Sarbanes-Oxley Act, the Age Discrimination in Employment Act and the National Labor Relations Act.

Posted September 18, 2014 2:41 PM

The Equal Employment Opportunity Commission last month brought its first legal challenge to an employer’s wellness plan. Filed in federal court in Green Bay, Wis., EEOC v. Orion Energy Systems Inc. makes clear that the lines between incentives to increase employee participation and impermissible penalties that render wellness plans involuntary prove blurry. While wellness programs have gained increased popularity with large and small employers alike and can be used to cut costs, yield health benefits and …

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