State Workplace Wellness Program Laws - Public Employers

Public and private employers are increasingly providing workplace wellness programs to supportemployee health, reduce costs, increase productivity, and enhance the attractiveness of theorganization. Many states have adopted workplace wellness program laws that distinguishbetween public and private employers, and specify various requirements, such as the penaltiesand incentives that can be used to encourage employee participation, and tax credits that can beapplied 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 lawrelated to federal preemption of state laws applies to workplace wellness programs, state lawcontinues to apply to certain private employer programs and those offered by state and localgovernments. The existing state law varies, but the majority focus on private workplace wellnessprograms. On this map, laws that did not specify employer type are grouped with laws directed atprivate employer programs because they likely apply to private employers in specific or limitedcircumstances. 

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