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Question for HR types.

Posted on 8/28/15 at 6:12 pm
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 8/28/15 at 6:12 pm
My company had it's open enrollment this month for the new coverage cycle that begins October 1st.

They instituted a $25 per pay period fee for anyone that smokes. Keep in mind, this is not a stipulation of the insurance company. This is a payroll withhold by the company that goes into the company coffers.

Is this legal?

There are no similiar withholds for people that weigh 280 and eat shite all day. No withholds for people that drink heavily. Just smokers.

How can a company do a payroll withhold that goes right back to the company for something like this for a specifically targeted activity?
This post was edited on 8/28/15 at 6:14 pm
Posted by SidewalkDawg
Chair
Member since Nov 2012
9820 posts
Posted on 8/28/15 at 6:14 pm to
Just think of it as payment for all those smoke breaks you take.
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 8/28/15 at 6:14 pm to
Louisiana? Right to work state. Don't like it? Quit. Doubt there's much you can do without quitting smoking
Posted by Corn Dawg Nation
Member since Oct 2009
3528 posts
Posted on 8/28/15 at 6:14 pm to
It's a premium differential for smoking. Yes it's legal.
Posted by Crow Pie
Neuro ICU - Tulane Med Center
Member since Feb 2010
25294 posts
Posted on 8/28/15 at 6:16 pm to
yes, "wellness incentives" are legal. Why should non smokers subsidize the poor lifestyle choices and subsequent increased medical cost for smokers?
Posted by SamuelClemens
Earth
Member since Feb 2015
11727 posts
Posted on 8/28/15 at 6:16 pm to
When ur asking a third party to pay something on ur behalf? Yes it's legal.
Posted by Rhino5
Atlanta
Member since Nov 2014
28897 posts
Posted on 8/28/15 at 6:25 pm to
Just lie And say you don't.
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 8/28/15 at 6:27 pm to
I love Obama's America.

I haven't walked into a doctor's office in 15 years because I never get sick.

I've paid tens of thousands in premiums and only sent my kids in for strep throat or something like that a few times a year.

It's awesome that my company can isolate my activity and apply a withholding.
Posted by Scoop
RIP Scoop
Member since Sep 2005
44583 posts
Posted on 8/28/15 at 6:29 pm to
Also, I am now the proud owner of maternity coverage even though I've had a vascectomy and my wife has her own insurance.
This post was edited on 8/28/15 at 6:31 pm
Posted by AUCE05
Member since Dec 2009
42557 posts
Posted on 8/28/15 at 6:31 pm to
Yes. They probably had a rise in smoking related comditions, and this is a result.
Posted by tunechi
Member since Jun 2009
10170 posts
Posted on 8/28/15 at 6:33 pm to
Seems like bullshite. Which means it's probably legal
Posted by Evolved Simian
Bushwood Country Club
Member since Sep 2010
20478 posts
Posted on 8/28/15 at 8:29 pm to
Smokers cost insurance plans FAR more on average than fatties. Fat people can even qualify for discounts if blood pressure and blood diagnostics are OK. Smoking is an automatic disqualified, and will often carry an additional premium.
Posted by Layabout
Baton Rouge
Member since Jul 2011
11082 posts
Posted on 8/28/15 at 8:32 pm to
quote:

Right to work state. Don't like it? Quit.


You don't understand what right-to-work means.
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16448 posts
Posted on 8/28/15 at 8:34 pm to
quote:

yes, "wellness incentives" are legal.


This is not an incentive for those who do not smoke though, it's a fine for those who do.

In LA fining employees is definitely illegal.

That is why when you want to get employees to stop doing something, you don't fine them for doing it, you pay them for not doing it.

Yes the end result is basically the same, but the mechanism is different...fine vs. bonus
Posted by MikeBRLA
Baton Rouge
Member since Jun 2005
16448 posts
Posted on 8/28/15 at 8:37 pm to
quote:

It's a premium differential for smoking. Yes it's legal.


According to the OP, this is not part of the insurance premium.
Posted by Bmath
LA
Member since Aug 2010
18664 posts
Posted on 8/28/15 at 8:52 pm to
Posted by BR Tiger
Baton Rouge
Member since Mar 2004
4157 posts
Posted on 8/28/15 at 8:54 pm to
quote:

According to the OP, this is not part of the insurance premium.


I find that very difficult to believe. I would like to know why the OP believes the difference in premiums is not going to the insurance company.
Posted by Breauxsif
Member since May 2012
22290 posts
Posted on 8/28/15 at 8:54 pm to
Gotta punish those trashy folks that insist on smoking.
Posted by cgrand
HAMMOND
Member since Oct 2009
38646 posts
Posted on 8/28/15 at 9:25 pm to
quote:

Louisiana? Right to work state.


People saying stupid shite like this so emphatically is the best thing about this site
Posted by tigerinthebueche
Member since Oct 2010
36791 posts
Posted on 8/28/15 at 10:01 pm to
quote:




People saying stupid shite like this so emphatically is the best thing about this site



Where did I put the emphasis? Moreover, refute it. Otherwise, you're just another smartass trying to be cool, but lacking any actual knowledge.
If you have something to offer, do so.
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