Rule the Rules of Workplace We

This updated edition informs the reader of the what, why and how of workplace wellness program laws, including:

• What laws are important for workplace wellness program compliance
• Why these laws exist and why are they important for workplace wellness program design and implementation
• How workplace wellness professionals and organizations can apply workplace wellness laws most effectively

Barbara J. Zabawa owns the Center for Health and Wellness Law, LLC, a law firm dedicated to improving legal access and compliance for the health and wellness industries. She is also Clinical Assistant Professor in the Department of Health Informatics and Administration at the University of Wisconsin, Milwaukee (UWM). Before graduating with honors from the University of Wisconsin Law School, she obtained an MPH degree from the University of Michigan. Immediately prior to starting her own firm, she was Associate General Counsel and HIPAA Privacy Officer for a large health insurer, where she advised on Affordable Care Act matters.

She was also a shareholder and Health Law Team Leader at a large Wisconsin law firm. In 2011, Barbara was named a Wisconsin Up and Coming Lawyer and in 2021 she was named a Health Law Trailblazer by the National Law Journal.

She serves health and wellness professionals and organizations across the country as an advocate, a transactional lawyer, and a compliance resource. Barbara is a frequent writer and speaker on health and wellness law topics, having presented for national organizations such as WELCOA, National Wellness Institute, HPLive, and HERO. She teaches health law and compliance for the UWM Masters in Health Administration program as well as the UWM undergraduate program in Health Administration.

Barbara’s commitment to improving health and wellness is also demonstrated through her community service. Barbara sits on the Board of Directors for the National Wellness Institute, a national nonprofit organization that is the leader in providing professional development and engagement opportunities that support individuals from a variety of disciplines in promoting whole-person wellness. Barbara also founded the Wellness Compliance Institute, a nonprofit organization that seeks to educate individuals on wellness compliance issues. Barbara broadcasts a podcast called Lemonspark, which aims to provide hope and inspiration through stories of triumph from people who have overcome life’s lemons. She also founded a clothing company called Pursesuitz, LLC featuring Pursesuitz Pocketwear. Finally, Barbara authored the book The Tug: Finding Purpose and Joy through Entrepreneurship, published by Henschel Haus publishing in 2021.

Barbara is licensed to practice law in both Wisconsin and New York.

Dr. Eickhoff-Shemek is a distinguished academician and full professor in the Exercise Science program at USF.  She served as the founding coordinator of the USF undergraduate Exercise Science program from 2003 – 2012.  This nationally-recognized undergraduate Exercise Science program is well-known for providing course work and practical experiences that have prepared students to be successful professionals in a variety of job settings.  Dr. Eickhoff-Shemek also developed and coordinated another successful academic program -- a master’s degree in Fitness and Wellness Management at her former institution, the University of Nebraska at Omaha (UNOmaha).  Dr. Eickhoff-Shemek is highly respected by her students who nominated her for outstanding teaching awards that she has received at both USF and UNOmaha.

Dr. Eickhoff-Shemek is an internationally known researcher, author, and speaker in the area of legal liability, risk management and fitness safety.  She has authored or co-authored numerous publications including over 80 articles in refereed journals and 9 book chapters.  She is the lead author of a groundbreaking, comprehensive textbook titled Risk Management for Health/Fitness Professionals: Legal Issues and Strategies.  Published by Lippincott Williams & Wilkins in 2009, this is the first textbook to address the law, legal liability, and risk management principles designed specifically for exercise science and health/fitness students and professionals.

In addition to presenting several papers at professional conferences each year in the U.S., Dr. Eickhoff recently (April 2013) gave the keynote presentation – Risk Management and Trends in the Fitness Industry: What Australians Can Learn from the U.S. Experience -- for a national conference in Sydney, Australia.  She was invited to assist with the Australia Fitness Industry Risk Management (AFIRM) project, a 3-year study funded primarily by Australia’s National Research Council and Fitness Australia. One of the outcomes of this project was a textbook published in 2014 entitled The Australia Fitness Industry Risk Management Manual in which Dr. Eickhoff-Shemek is a co-author.

Prior to becoming a full-time academician in 1994, Dr. Eickhoff-Shemek worked as a health/fitness manager and consultant in various settings (e.g., community, clinical, and corporate) for nearly 20 years.  She is an active member of professional organizations having served in numerous elected and appointed leadership positions at the national level for over 30 years including serving as an Associate Editor and the Legal Columnist for ACSM’s Health & Fitness Journal for 10 years (2001-2011).

  Dr. Eickhoff-Shemek possesses several professional certifications including ACSM’s Health/Fitness Director, Exercise Test Technologist, Exercise Physiologist-Certified, and the National Wellness Institute’s Certified Worksite Wellness Program Manager (CWWPM).  She received her Ph.D. from the University of Nebraska-Lincoln in 1995 and was awarded Fellow of the American College of Sports Medicine (ACSM) in 1997 and the former Association of Worksite Health Promotion (AWHP) in 1990.