# DOL Provides More Clarity on Employee Wellness Programs Written on October 26, 2026. *Tag(s):* [Department of Labor (DOL)](https://wimlaw.com/tags/dol), [October 2026 Newsletter](https://wimlaw.com/tags/october-2026-newsletter) On August 26, 2026, the U.S. Department of Labor (DOL) addressed employee wellness programs that permit fees on workers’ health premiums for things like tobacco use. The Guidance was in response to legal issues raised by dozens of recent class actions targeting employers’ fees on workers’ health plans, as part of wellness programs. Employers can legally charge such fees in appropriate circumstances, but they must offer health plan participants access to an alternative to paying the fee, such as a smoking cessation program. In addressing one of the important issues in the cases, federal agencies will not take enforcement action against plans that do not provide employees retroactive rewards of health fees if they complete an alternative to the surcharges. The new Guidance is in contrast to a 2013 rule on wellness programs explicitly stating that employers were obligated to retroactively reimburse employees who completed the program’s requirements, regardless of when they did so in the plan year. The Guidance also clarifies that the plan materials merely mentioning the existence of a wellness program are not also required to disclose the availability of an alternative. This article is part of our October 2026 Newsletter. [View the newsletter online](https://wimlaw.com/tags/october-2026-newsletter)[ ](https://wimlaw.com/contact)[Download the newsletter as a PDF](https://wimlaw.com/images/2026/10/2026-10-newsletter.pdf) - [](https://x.com/intent/post?url=https%3A%2F%2Fwimlaw.com%2Fpublications%2Fnewsletters%2Fdol-clarity-employee-wellness.md&text=) - [](https://www.facebook.com/sharer/sharer.php?u=https%3A%2F%2Fwimlaw.com%2Fpublications%2Fnewsletters%2Fdol-clarity-employee-wellness.md) - [](https://www.linkedin.com/sharing/share-offsite/?url=https%3A%2F%2Fwimlaw.com%2Fpublications%2Fnewsletters%2Fdol-clarity-employee-wellness.md) - [](mailto:?subject=DOL%20Provides%20More%20Clarity%20on%20Employee%20Wellness%20Programs) ## Related Content [![stamp, desk table](https://wimlaw.com/media/yootheme/cache/07/raymond-petrik-_l_tinAY71Q-unsplash-07392325.jpg)](https://wimlaw.com/publications/newsletters/eeoc-discrimination-claim-white-male) ### [EEOC Brings Discrimination Claim on Behalf of White Male ](https://wimlaw.com/publications/newsletters/eeoc-discrimination-claim-white-male) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) [Read more](https://wimlaw.com/publications/newsletters/eeoc-discrimination-claim-white-male) [![letter](https://wimlaw.com/media/yootheme/cache/84/towfiqu-barbhuiya-6FpGIdn45_A-unsplash-840d9028.jpg)](https://wimlaw.com/publications/newsletters/cease-desist-letters) ### [Use of Cease-And-Desist Letters ](https://wimlaw.com/publications/newsletters/cease-desist-letters) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) [Read more](https://wimlaw.com/publications/newsletters/cease-desist-letters) [![changing leaf](https://wimlaw.com/media/yootheme/cache/53/ingmar-ft7NpsXuAO4-unsplash-530c017f.jpg)](https://wimlaw.com/publications/newsletters/third-gop-member-joins-nlrb-case-law-changing) ### [Third Gop Member Joins NLRB, Indicating Case Law Changes Ahead ](https://wimlaw.com/publications/newsletters/third-gop-member-joins-nlrb-case-law-changing) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) [Read more](https://wimlaw.com/publications/newsletters/third-gop-member-joins-nlrb-case-law-changing) ## Get Email Updates Receive newsletters and alerts directly in your email inbox. Sign up below. ## Recent Content [ Employment Law Newsletter: A Monthly Report On Labor Law Issues ](https://wimlaw.com/publications/newsletters) [![stamp, desk table](https://wimlaw.com/media/yootheme/cache/07/raymond-petrik-_l_tinAY71Q-unsplash-07392325.jpg)](https://wimlaw.com/publications/newsletters/eeoc-discrimination-claim-white-male)### [EEOC Brings Discrimination Claim on Behalf of White Male ](https://wimlaw.com/publications/newsletters/eeoc-discrimination-claim-white-male) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) In a first for at least the last decade or so, the EEOC has brought a discrimination claim alleging the New York Times promotion practices… [Read more](https://wimlaw.com/publications/newsletters/eeoc-discrimination-claim-white-male) [![letter](https://wimlaw.com/media/yootheme/cache/84/towfiqu-barbhuiya-6FpGIdn45_A-unsplash-840d9028.jpg)](https://wimlaw.com/publications/newsletters/cease-desist-letters)### [Use of Cease-And-Desist Letters ](https://wimlaw.com/publications/newsletters/cease-desist-letters) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) Suppose a former employee following termination makes threatening, harassing, defamatory or otherwise inappropriate statements or violates… [Read more](https://wimlaw.com/publications/newsletters/cease-desist-letters) [![changing leaf](https://wimlaw.com/media/yootheme/cache/53/ingmar-ft7NpsXuAO4-unsplash-530c017f.jpg)](https://wimlaw.com/publications/newsletters/third-gop-member-joins-nlrb-case-law-changing)### [Third Gop Member Joins NLRB, Indicating Case Law Changes Ahead ](https://wimlaw.com/publications/newsletters/third-gop-member-joins-nlrb-case-law-changing) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) On August 17, James Macy became the third GOP-appointed member of the National Labor Relations Board (NLRB), giving the NLRB three members… [Read more](https://wimlaw.com/publications/newsletters/third-gop-member-joins-nlrb-case-law-changing) [![glasses, beach, horizon](https://wimlaw.com/media/yootheme/cache/a5/t-d-hm5BUrBTa68-unsplash-a56ac89a.jpg)](https://wimlaw.com/publications/newsletters/dol-clarity-employee-wellness)### [DOL Provides More Clarity on Employee Wellness Programs](https://wimlaw.com/publications/newsletters/dol-clarity-employee-wellness) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) On August 26, 2026, the U.S. Department of Labor (DOL) addressed employee wellness programs that permit fees on workers’ health premiums fo… [Read more](https://wimlaw.com/publications/newsletters/dol-clarity-employee-wellness) [![infant, child, mother](https://wimlaw.com/media/yootheme/cache/68/brian-wangenheim-veQxbcl8vog-unsplash-681d44d0.jpg)](https://wimlaw.com/publications/newsletters/pump-act-protecting-breast-feeding-workers-cases)### [Cases Now Being Brought Under the Pump Act Protecting Breast-feeding Workers ](https://wimlaw.com/publications/newsletters/pump-act-protecting-breast-feeding-workers-cases) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) Federal judges have now ruled in over a dozen cases involving the 2022 Providing Urgent Maternal Protections for Nursing Mothers Act, commo… [Read more](https://wimlaw.com/publications/newsletters/pump-act-protecting-breast-feeding-workers-cases) [![tipping over pawn](https://wimlaw.com/media/yootheme/cache/f6/sasun-bughdaryan-F-0FGobDLb0-unsplash-f6063fbe.jpg)](https://wimlaw.com/publications/newsletters/ice-liability-i9-electronic)### [ICE Increases Liability for I-9 Electronic Programs ](https://wimlaw.com/publications/newsletters/ice-liability-i9-electronic) [Employment Law Newsletter: A Monthly Report On Labor Law Issues](https://wimlaw.com/publications/newsletters) As a new enforcement approach, ICE has done away with an I-9 enforcement practice giving employers a period of time to correct minor or tec… [Read more](https://wimlaw.com/publications/newsletters/ice-liability-i9-electronic) ### Additional Legal Resources [### Newsletter Explore ](https://wimlaw.com/publications/newsletters) [### Books Explore ](https://wimlaw.com/publications/books) [### Alerts Explore ](https://wimlaw.com/alerts) [### Articles Explore ](https://wimlaw.com/articles) [### Audits Explore ](https://wimlaw.com/audits) [### Events Explore ](https://wimlaw.com/events)