On August 28, the Department of Labor Wage and Hour Division issued Opinion Letter FLSA 2018-20, which addresses the compensability of time an employee spends voluntarily participating in certain wellness activities, biometric screenings, and benefits fairs. The opinion letter was based on the following scenario: An employer allows its employees to voluntarily participate in “biometric screening” both during and outside of regular work hours, which may decrease the employee’s health insurance deductibles. The screening is not required and is not related to the employee’s job; it is purely the employee’s choice whether to participate.  Employees may also participate in other “wellness activities” to potentially decrease insurance premiums, including such things as attending an in-person health education class and lecture; taking an employer-facilitated gym class or using the employer-provided gym; participating in telephonic health coaching and online health education classes through an outside vendor facilitated by the employer; participating in Weight Watchers; and voluntarily engaging in a fitness activity. None of these activities are mandatory and do not directly relate to the employee’s job. Finally, an employee may choose to attend…