State Workplace Wellness Program Laws - Private Employers

Public and private employers are increasingly providing workplace wellness programs to support employee health, reduce costs, increase productivity, and enhance the attractiveness of theorganization. Many states have adopted workplace wellness program laws that distinguish between public and private employers, and specify various requirements, such as the penalties and incentives that can be used to encourage employee participation, and tax credits that can be applied for employers that participate. This map identifies state laws dedicated to both public andprivate workplace wellness programs, and the characteristics of those laws.

Depending on the type of program, federal or state law applies. Although a complex body of law related to federal preemption of state laws applies to workplace wellness programs, state law continues to apply to certain private employer programs and those offered by state and local governments. The existing state law varies, but the majority focus on private workplace wellness programs. On this map, laws that did not specify employer type are grouped with laws directed at private employer programs because they likely apply to private employers in specific or limited circumstances. 

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