The U.S. Equal Employment Opportunity Commission lost a fight in court over workplace wellness rules but there are still questions lingering over a solution—particularly given the Trump administration's new leadership at the agency could shift intentions.

In August, a federal judge in Washington sided with the AARP in a lawsuit that challenged rules that would allow employers to incentivize or penalize employees for programs targeted at improving health. Such programs have become increasingly popular at companies because a healthy workforce can lower insurance costs.

In an unusual move, the judge did not vacate the wellness rules, but rather gave the agency the chance to redo them. This left open questions about how long it would take the agency to recraft the rules. The EEOC and the AARP have spent weeks now arguing back and forth about the best approach.