Legal Question in Employment Law in New York
health insurance
Can an employer deduct the full cost of health ins. for each month you worked less than 20 hrs. at least 1 week out of a month (even if your status was always full-time)? Also claiming the plan automatically defaults to Cobra even though notice was never given by the employer nor the health insurance company? Can an employer decide to stop their contribution towards health & instead give each enrolled employee a ''raise'' to compensate for the percentage they normally contribute? If so, how can this ''raise'' amount be exactly computed when employees never work the same number of hours a week? There's more to this scenario, but not enough space to lay it all out. Thank you.
1 Answer from Attorneys
Re: health insurance
I would have to say that the additional information you refer to probably governs the answer. Because in general, the amswer to your question would be no. An employer cannot arbitrarily make changes to existing employee benefit plans without violating ERISA and /or COBRA laws.
The appropriate place to pursue these questions on your own, would be with either The NY Department of Insurance, or the US Department of Labor, both of which have websites.
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