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

A recent opinion letter issued by the U.S. Department of Labor's (DOL) Wage and Hour Division concerns whether employees must be paid for time spent participating in wellness-related activities under the Fair Labor Standards Act (FLSA), reports JD Supra . The letter specifies whether an employer must pay employees for time spent undergoing biometric screenings — including blood pressure, cholesterol levels, and nicotine usage — both during and outside regular work hours, as well as for wellness activities like nutrition classes, employer-facilitated gym classes, telephonic health coaching, participation in Weight Watchers, and Fitbit challenges. The letter also addresses this concern in reference to attendance at benefits fairs to learn about employer-provided benefits, financial planning, and college attendance opportunities. It is the letter's conclusion that workers need not be compensated for participating in such activities if their participation is strictly voluntary, if they perform no job-related duties while participating, and if the activities mainly benefit the employee rather than the employer. The DOL also notes participating employees may enjoy reduced health insurance deductibles while also learning how to make "more informed decisions" about non-job related health issues. Furthermore, since employees are relieved of all job duties while participating, they are "off duty" as defined in DOL regulations.