News & Analysis as of

Wellness Programs

Woodruff Sawyer

Health, Wellness, and Workers' Comp: A Promising Cost-Saving Connection

Woodruff Sawyer on

Employee health and wellness directly influence workers’ compensation costs, especially when comorbid conditions are involved. Implementing targeted wellness programs can help HR leaders reduce these costs and improve overall...more

Mintz - Health Care Viewpoints

FDA Warning Letter Reminds Industry that Wellness Claims Only Go So Far, Other Features Can Establish Intended Use

A July 14, 2025 U.S. Food & Drug Administration (FDA) warning letter to a prominent wellness product and services company offers a blunt reminder that medical device requirements cannot be waived or overlooked merely because...more

Ward and Smith, P.A.

Employer Wellness Programs – Legal Landscape of Staying Compliant

Ward and Smith, P.A. on

In recent years, such programs have become increasingly popular, offering benefits to both employees and employers. However, when not structured properly, wellness programs can create various legal risks. Ensuring compliance...more

Hogan Lovells

AI wellness or regulated medical device? A lawyer's guide to navigating FDA rules—and what could change next

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As FDA medical device lawyers advising AI and digital health companies, Hogan Lovells lawyers have had a front-row seat to an increasingly common scenario: software platforms and mobile apps that launch with the best of...more

Akerman LLP - HR Defense

Fitbits at Work: Navigating the Legal Risks of Wearables in Corporate Wellness Programs

At a time where personal fitness devices track everything from heart rate to sleep quality, employers are increasingly integrating wearable technology — like Fitbits, Apple Watches, and Oura Rings — into their corporate...more

Maynard Nexsen

Work this Way: An Employment Law Video Podcast | Episode 50: Creating a Competitive Advantage Through Employee Benefits with...

Maynard Nexsen on

For our 50th episode, Tina and Keely welcome Connor Shaw, former South Carolina Gamecocks quarterback and current Wellbeing & Benefits Consultant at Gallagher. Drawing from his experience as a leader in the locker room during...more

McAfee & Taft

Employer health plan surcharges pose litigation risks

McAfee & Taft on

Many employers implement wellness programs into their employee health plan offering. Wellness programs have varying designs but commonly offer premium discounts to participants who are tobacco-free or achieve certain...more

BCLP

Closing the Gap: Health and Welfare Compliance

BCLP on

Even the most well-managed employee benefit plans may have certain compliance blind spots. From outdated documentation to missed filing deadlines, we have highlighted a few areas below where we often see gaps....more

Epstein Becker & Green

What Health Care Lawyers and Professionals Need to Know About Emerging Employee Benefit Issues

“ERISA, you’ll need a lawyer for that.” Our practice group’s tagline is meant to be a shorthand for the alphabet soup of laws that apply to employee benefits, including the Employee Retirement Income Security Act (ERISA)....more

Fisher Phillips

Snapshot on Manufacturing Industry: Your Employees are Financially Stressed and it Could be Affecting Your Business

Fisher Phillips on

Welcome to this edition of the FP Snapshot on the Manufacturing Industry, where we take a quick snapshot look at a recent significant workplace law development with an emphasis on how it impacts employers in the Manufacturing...more

Loeb & Loeb LLP

In Our "Wellness Retreat" Era. But First, the Paperwork.

Loeb & Loeb LLP on

These days, the explosive growth of the wellness industry—fueled by increased consumer interest in healthy lifestyle choices—presents a prime opportunity for brands to showcase their offerings through “wellness retreats” with...more

Fisher Phillips

An Employer’s 5-Step Guide to Supporting Employees During Mental Health Awareness Month and Year-Round

Fisher Phillips on

May is Mental Health Awareness Month, which creates an opportunity to reflect on the well-being of your workforce. Recent statistics reveal that employees across all industries are experiencing an uptick in stress, burnout,...more

Foster Swift Collins & Smith

Aging in Place: Michigan Cities Creating Age-Friendly Communities

Michiganders 65 and older represent one of the state’s fastest growing age groups. Free fitness memberships for residents 60 and over to its 12 recreation centers is just one way Detroit is working to improve the quality of...more

TNG Consulting

Holistic Well-Being as an Upstream Approach to Student Success 

TNG Consulting on

During my opening keynote at NABITA’s 5th Annual Case Management Summit on June 10, 2025, in Portland, Oregon, I’ll shed light on a critical truth: Student well-being isn’t just a component of success; it’s the foundation. As...more

Fisher Phillips

Your Employees Are Financially Stressed: A Growing Benefits Trend Can Help Your Workforce (and Your Business)

Fisher Phillips on

Financial wellness programs are becoming one of the most in-demand employee benefits and are the focus of this year’s National Employee Benefits Day. Employers can use April 2 as a day to evaluate the effectiveness of their...more

Fisher Phillips

5 Ways to Support Employees in the Sandwich Generation Managing Child and Elder Care

Fisher Phillips on

It’s hard enough to juggle a career and childcare responsibilities — but many employees with young children also have aging parents who need their help, too. Expenses, time constraints, emotional decision-making, and...more

Foley & Lardner LLP

Strive Without Strife: Your Guide to 2025

Foley & Lardner LLP on

Embrace Sustainable Goals. The start of a new year often inspires lofty resolutions, if not illusions of grandeur, about the habits we’ll develop and professional goals we’ll conquer: more billable hours, bigger matters,...more

Warner Norcross + Judd

Holy Smokes: Is Your Tobacco Surcharge Program Compliant?

Warner Norcross + Judd on

A “tobacco surcharge” is part of many employers’ wellness programs, where the employer charges tobacco users higher health insurance premiums than non-tobacco users. A typical tobacco surcharge program will ask an employee if...more

Groom Law Group, Chartered

Wellness Programs Under Scrutiny in EEOC’s New Wearable Devices Guidance

In December 2024, the U.S. Equal Employment Opportunity Commission (“EEOC”) published a fact sheet addressing how federal nondiscrimination laws, such as the Americans with Disabilities Act (“ADA”), may apply to an employer’s...more

Ankura

Beyond the Prescription: Ozempic's Influence on Health, Retail, and Consumer Behavior

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Ozempic's meteoric rise has reshaped the landscape of healthcare, retail, and consumer behavior. Its initial popularity as a weight loss medication has sparked a broader conversation around health, wellness, and body image....more

Epstein Becker & Green

The EEOC and Wearable Tech: Balancing Innovation and Compliance

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The rise of workplace wearable technology has opened new possibilities for employee efficiencies, safety, and health monitoring....more

Holland & Hart - The Benefits Dial

Smoke ‘Em One By One … Navigating the Wave of Tobacco Surcharge Lawsuits

Over the past several months, numerous large employers and their health plan fiduciaries have faced lawsuits regarding their health plan’s tobacco surcharge. A tobacco surcharge wellness program typically charges a higher...more

Jackson Lewis P.C.

Tobacco Surcharge Litigation Flares Up

Jackson Lewis P.C. on

Although the Department of the Treasury, Department of Labor, and Department of Health and Human Services believe that wellness programs are delivering on their promise of improving health and reducing costs, one type has...more

Holland & Knight LLP

Understanding the Recent Wave of Litigation Targeting Tobacco-Free Wellness Programs

Holland & Knight LLP on

The Employee Retirement Income Security Act (ERISA) prohibits employers who offer health and welfare benefit plans from discriminating against plan participants on the basis of a health status-related factor, such as a...more

Fisher Phillips

Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans: What Employers Need to Know + 6 Steps to Stay...

Fisher Phillips on

A wave of ERISA class-action lawsuits is challenging tobacco surcharge programs in employer-sponsored health plans across the U.S. These cases center on potential fiduciary breaches, with plaintiffs arguing that surcharges...more

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