Accessibility Tools

Skip to main content

Employers Should Be Careful Charging Smokers Extra for Health Coverage

Written on .

Federal law allows employer-sponsored health plans to charge smokers a penalty, but the plan will violate the Employee Retirement Income Security Act (ERISA) if those workers are not given a reasonable alternative to avoid paying the fee. 

One such alternative is participating in a smoker cessation program that complies with certain legal requirements.  Dozens of employers have been sued in recent years over their smoker penalties, resulting in a number of expensive class-wide settlements.  A recent district court ruling offers employers some hope in such situations. Williams v. Bally’s Mgmt. Grp., LLC, 2025 BL 395336 (D.R.I., 11/4/25). 

In this ruling, the employer wasn’t required to retroactively reimburse the tobacco penalties paid by workers who later completed a quit-smoking program.  The court read the Department of Labor (DOL) regulations as only requiring such a reward if the smoker satisfied the alternative standard.  The court refused to follow DOL’s interpretation of the regulations.  The court also addressed whether the company’s disclosures about their tobacco penalty program were sufficient, including whether they tracked the DOL’s sample language.

Editor’s Note: This case addresses contested legal issues and advice of counsel should be sought about such programs.

    This article is part of our December 2025 Newsletter. 

    View the newsletter online

    Download the newsletter as a PDF

    Get Email Updates

    Receive newsletters and alerts directly in your email inbox. Sign up below.
    webinar, workers comp promo graphic
    Navigating workers’ compensation compliance can present significant legal and financial risks for businesses, particularly when navigating…
    memo note, blank
    A new Justice Department memo was issued 6/9/26, finding the prior EEOC Guidance on unintentional workplace bias illegal and constitutional…
    metal ball desk prop
    The EEOC’s new “National Enforcement Plan for Fiscal Years 2025-2029,” issued on 6/4/26, significantly affects equal employment opportunity…
    haiti
    The U.S. Citizenship and Immigration Services (USCIS) has not yet updated the Temporary Protection Status (TPS) webpage indicating terminat…
    fired
    In a ruling expanding the power of the President to change the leadership of so-called independent federal agencies in a change in administ…
    promo graphic, Negotiating and Handling Sensitive Employment Terminations
    As the workplace has changed in the 21st century, so to have rules for handling termination of employment.  In this webinar Betsy Dorminey…