Legal Question in Employment Law in California

smoking

Starting 1-01-07 my employer is charging a surcharge [$50.00] a month if I am a tobaco user. Also [$25.00]a month if spouse is on my ins. instead of hers.Mony goes to employer ,not ins.Is this legal?


Asked on 10/20/06, 8:39 pm

2 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: smoking

I would dispute the tobacco surcharge. It's none of their business what you do on your own time even if the health risks are magnified.

People often pay for spouses to be on the company's insurance plan.

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Answered on 10/25/06, 2:31 pm
Terry A. Nelson Nelson & Lawless

Re: smoking

You need to get clarification. If the insurance company is raising their 'smoker' premium, then you pay that increase. If the employer is simply charging extra, on their own without a premium increase, then you can object. I doubt that is the case.

If you want your wife added to your insurance, then you pay the increased premium.

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Answered on 10/25/06, 2:52 pm


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