Any communication about financial incentives associated with workplace wellness must be crystal clear for employees, and programs need to be carefully designed, industry experts suggest, in light of an unusual lawsuit on a wellness plan initiated by the Department of Labor.

In Acosta v. Macy’s Inc., the DOL alleges that a smoking cessation program sponsored by the department store failed to meet nondiscriminatory requirements under the Employee Retirement Income Security Act. Macy’s declined to comment, saying the company does not comment on ongoing litigation.

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