Can an Employer Require Employees to Exercise as a Part of their Required Job Duties?

We came across an interesting question recently: can an employer require employees to exercise as a part of their required job duties, even if the required physical exercise may not have a direct relation to the job being performed? While we are aware of no law that would prohibit an employer from assigning physical exercise as a required task, common-sense principles, coupled with the well-established framework of employment law, can provide helpful guidance for employers who may want to promote physical exercise by requiring it as a part of the job. The following considerations should guide an employer’s decision to implement a physical exercise requirement.

Establish Clear Parameters and Guidelines. At the outset, when implementing a physical exercise requirement, the employer should provide employees with clear terms and parameters. For example, the employer should be able to address at least the following questions:

• Will employees be required to engage in a specific physical activity, or will they be able to engage in the physical activity of their choice (e.g., yoga, cardio, weights)?
• Will employees be required to exercise at the company’s onsite fitness center, or will employees be permitted to exercise at home or at their local gym?
• If an employee is unable to exercise at home and the employer does not have an onsite fitness center, will the employer pay for or contribute to the cost of a gym membership for the employee?
• Will employees be required to exercise at a specific time, such as within the hours of their regular shift, or will they be able to exercise at a time of their choice before or after their regular shift?
• If employees can fulfill the requirement at a time outside the hours of their regular shift, how will the remaining hours of their shift be adjusted (e.g., will the employee be able to come in an hour late or leave an hour early)?
• If physical exercise is not required on company premises, how will the employer verify an employee’s offsite physical activity?
• Will there be a procedure for excusing physical exercise on days when employees may feel too unwell to exercise but are well enough to perform their other assigned duties? If physical exercise is excused due to illness, will the employee be required to spend the time allotted for exercise on the employee’s other required tasks?

In addition, the employer should make clear to employees that:

• The employer is not requiring any particular physical fitness outcome by requiring physical exercise.
• The required physical exercise will be paid as a part of the employee’s regular wages.

ADA Considerations. An employer with fifteen or more employees who implements a physical exercise requirement should have front and center the requirements of the Americans with Disabilities Act. An employer seeking to mandate physical exercise will need to be prepared to address the needs of individual employees who may have a qualifying disability that may interfere with the employee’s ability to engage in physical exercise.

Workers’ Compensation Considerations. An employer who requires physical exercise as a part of the job, whether that exercise is performed onsite or offsite, should communicate clearly to employees that any injury sustained during such exercise will be covered by workers’ compensation. Employees should be instructed to immediately report any injury in accordance with the workers’ compensation claims process.

Considerations for Required Onsite Exercise. If exercise is required to be done onsite, the employer should take special care to avoid circumstances that could potentially lead to claims of harassment or other workplace misconduct. For example, the employer should consider whether employees will be provided with facilities to shower after exercising and whether the showering facilities provide sufficient privacy to ensure the highest levels of safety and comfort for each employee. In addition, if employees are required to exercise onsite and at the same time and in the same general location, consideration should be given to the potential sensitivities of employees who may feel uncomfortable exercising with colleagues of the opposite sex. The employer should also be sensitive to potential concerns of employees who may feel uncomfortable exercising with their direct reports or management.

Conclusion. As the considerations above indicate, mandating physical exercise will require careful consideration of many factors, not all of which may have been mentioned here. A carefully planned program for employee fitness could be an excellent way to increase morale and productivity while reducing costs. On the other hand, an employer may wish to proceed more conservatively and implement a program of merely incentivizing physical exercise while not making it mandatory.

Whichever way an employer may choose to go, Employer-Lawyer is here to provide guidance on the specifics.