Four Ways to Stay in Compliance With a Wellness Program
It's that time of year again! People are making resolutions about losing weight, exercising more and generally getting healthier. Their employers are thinking that a great way to help the employees meet their goals, and perhaps beat some cabin fever, would be to have a company wellness program or competition.
Workplace Wellness is a great concept and should be administered with care regarding a variety of laws.
1. Americans with Disabilities Act(ADA) - Since laws prevent employers from inquiring
about medical exams, except under certain circumstances, it is best if activities such as blood pressure or blood sugar screenings are done in a manner that the results remain confidential, and employees are allowed to opt out or have an alternative.
2. Health Insurance Portability and Accountability Act (HIPAA) - To avoid violating HIPAA laws, employers can refrain from offering incentives for completing health risk assessments.
3. Age Discrimination in Employment Act (ADEA) - Employers should structure their programs so they do not reduce incentives or otherwise discriminate against individuals in this group.
4. Fair Labor Standards Act (FLSA) - If participation in your program is mandatory then time spent in associated activities may be compensable time. To avoid this, wellness programs should be voluntary.
If you need any assistance with your Wellness Program, please e-mail us at beready@clark-mortenson.com, or call us at 877-352-2121.
