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New DOL guidance addresses a key question for employers with wellness programs: when an employee completes a tobacco cessation program, must a tobacco surcharge be reimbursed retroactively, or can the reward only be provided going forward? The issue is currently a hotbed for class action litigation, with more than 80 cases filed nationwide. Employers are encouraged to address their wellness program design in light of the DOL guidance and ongoing litigation risks. Join us to discuss the scope and conditions of the relief, the notice requirements for reasonable alternative standards, and what employers should consider when designing their wellness programs going forward.
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