Topic
Wellness Programs
320 published works
Warner Norcross + Judd LLP
Federal Agencies Provide Enforcement Relief for Tobacco Surcharges and Other Wellness Programs
Introduction On August 26, 2026, the Departments of Labor, Health and Human Services and the Treasury (collectively, the “Departments”) issued “FAQs About Affordable Care Act and Health Insurance Portability and…
Compensation & Benefits Blog
FAQs Part 74: Departments Confirm No Retroactive “Full Reward” Required for Wellness Programs
By Jennifer Rigterink, Jaime Santos
During the last week of August, the Departments of Labor, Treasury, and Health and Human Services (the “Departments”) issued FAQs Part 74, addressing HIPAA nondiscrimination and wellness program rules. In…
HR Law Talk
Tobacco Surcharge Claims Up in Smoke? DOL, HHS, and Treasury Issue FAQ 74: Addressing Questions Raised by Tobacco Surcharge Lawsuits
By Susie Bilbro, Doug Dahl, Will Gebo
Key Takeaways No retroactive refund required. FAQ Part 74 confirms that employers are not required to provide retroactive rewards or remove tobacco surcharges for the period before a participant completes a reasonable…
Employment Law Worldview
Quitting Cold Turkey: Federal Agencies Suspend Enforcement of Back-Pay Requirement for Employee Wellness Incentives, Including Tobacco Cessation Programs (US)
By Mike Fussell
For many employees, the benefits of maintaining a healthy lifestyle aren’t just physical; they are financial. Through health-contingent wellness programs, employers can offer monetary rewards or reduced health insurance costs…
Beneficially Yours
Wellness Program FAQs: Agencies Offer Relief on Retroactive Rewards and Clarify Notice Requirements
Seyfarth Synopsis: In newly issued ACA Implementation FAQs (Part 74), the Departments of Labor, Health and Human Services, and Treasury provide welcome guidance for employers sponsoring health-contingent wellness programs. Most…
HR Law Watch
Federal Agencies Weigh in on Tobacco Surcharge Enforcement
New tri-agency FAQ guidance issued on August 26, 2026, addresses elements of the 2013 wellness program regulations have been the subject of dozens of class actions in recent years. While this non-binding…
ERISA Litigation & Compliance
Important Plan Sponsor Takeaways from Bally’s Management Win on Dismissal of Tobacco Surcharge Claims
By Kim Wilcoxon, Nate Ingraham, Beth A. Mandel, Julia Ann Love
On November 4, 2025, the U.S. District Court for the District of Rhode Island in Williams v. Bally’s Management Group, LLC dismissed a participant challenge to an employer’s tobacco surcharge…
Roberts Disability Law Blog
District Court: ERISA Does Not Require Retroactive Reimbursement of Wellness Program Tobacco Surcharges
In Williams v. Bally’s Management Group, LLC, No. 1:25-00147-MSM-PAS, 2025 WL 3078747 (D.R.I. Nov. 4, 2025), the U.S. District Court for the District of Rhode Island dismissed an employee’s challenge…
Hall Benefits Law Blog
Federal Courts Evaluate Tobacco Surcharges and Alternatives in Employer Health Plans
By Anne Hall
Federal district courts in Minnesota and Illinois recently considered the legality of tobacco surcharges in employer-sponsored group health plans, as well as the reasonable alternative standards for employer wellness plans,…
Hall Benefits Law Blog
District Court Denies Motion to Dismiss Wellness Program Tobacco Surcharge Litigation
By Anne Hall
A Virginia federal district court recently denied the employer’s motion to dismiss a class action lawsuit brought by wellness program participants over tobacco surcharges. The case is Bokma v. Performance…