DOL Opinion Letter Addresses Whether Employees Must Be Paid for Wellness Activities

Over the past fifteen years, wellness programs have generated more than their fair share of litigation and regulatory scrutiny – primarily over the issue of whether they comply with the Americans with Disabilities Act.  A related compliance issue that has attracted relatively little attention from courts and regulators is whether, under the Fair Labor Standards Act (FLSA), employees must be paid for time spent participating in wellness-related activities.  This question was addressed in an Opinion Letter (FLSA2018-20) issued by the U.S. Department of Labor’s Wage and Hour Division on August 28, 2018. Opinion Letter 2018-20 specifically addresses whether an employer must pay employees for time spent in the following activities: biometric screenings (blood pressure, cholesterol levels, nicotine usage) both during and outside of their regular work hours; wellness activities such as nutrition classes, employer-facilitated gym classes, telephonic health…

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