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Public and private employers are increasingly providing workplace wellness programs to support employee health, reduce costs, increase productivity, and enhance the attractiveness of the organization. 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. 

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. This map identifies state laws dedicated to public workplace wellness programs, and the characteristics of those laws in effect in 2014. 

Related Resources

LawAtlas Interactive Map: State Workplace Wellness Program Laws - Private Employers 

Association of State and Territorial Health Officials: Workplace Wellness 

U.S. Department of Labor: Fact Sheet and Regulations

Centers for Disease Control and Prevention: Feature and National Healthy Worksite Program 

Did you know?

Of the 16 states and DC with laws governing workplace wellness programs managed by public employers, seven have laws that address incentives for employee participation.

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Map Legend: State Included in research.