Last month, we alerted you to some new guidance from the EEOC on wellness programs. One of the key requirements of this new guidance is that employers must give notice to participants about the information being collected through the wellness program and how that information is to be used. Yesterday, the EEOC issued additional guidance on this notice requirement, including a sample notice and a list of items employers should consider when dealing with the notice requirement. 

Employers who offer wellness programs should review their compliance with these new requirements, while keeping in mind there are already several legal challenges to the EEOC's efforts to regulate this area.