Legal Question in Business Law in Massachusetts

Re: insurance benefits

Dental insurance may be covered by federal law covering employee benefits. It may be the case that an employer has no alternative but to pay the insurance premiums, as they may have had the obligation to cover an employee's dental expenses (out of their pocket, if necessary) if the employee had needed dental care and the employer had deducted, but failed to pay, dental insurance. There may be additional information available on the Department of Labor website, and or equivalent Mass website (DET).

While an employer may not be able to pay an employee for retrospective premiums not paid, it may be appropriate to demand that the employer pay "prospectively" for future premiums for an equal period of time. If the employer/insurance company did not have to pay any claims for the past period, it would be unfair, in a sense, to allow them to be "off the hook" for the past period. Notwithstanding, there may be federal or state law which governs the resolution of this question (and it might provide for a fine or penalty against the employer rather than refund of premiums paid.)