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Asad Rahman
Asad Rahman, Lawyer
Category: Employment Law
Satisfied Customers: 1530
Experience:  Practicing Attorney with 10 years experience
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My husband's employer has 3 employees. He provided health

Customer Question

My husband's employer has 3 employees. He provided health insurance for one employee, who happens to be his son, and did not offer it to my husband or his other full time employee. From what I have read, he cannot do that because it is against the law to discriminate against your employees like that, no matter how small the business is. Because he did not offer insurance, I am expecting him to pay the penalty that we have gotten on our taxes which is basically him paying my husband's insurance dues for the year. I need some kind of proof to show to him so that he cannot argue that he is not responsible for the discrimination. Can you please help me site a labor law to show him that he is responsible for not offering my husband insurance along with his son? We only found out about him offering his son insurance because his son slipped and mentioned it to my husband. He has never once offered insurance to my husband, who has the exact same position as his son. Thank you for uour help.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Asad Rahman replied 7 months ago.

I am happy to do a little research for you if you can tell me what state you reside in.

Customer: replied 7 months ago.
Expert:  Asad Rahman replied 7 months ago.

Is your husband a member of any sort of minority class?

Customer: replied 7 months ago.
No, the discrimination comes from the fact that they are both full time and in the same position. It is my understanding that an employer cannot offer insurance to one employee and not another when they are the same position and same employment class. While he does not have to offer insurance at all, the fact that he gave it to one and not the others is discriminatory. That's why I feel he is financially responsible to cover my husband's insurance dues for the entire time that he has been paying for insurance for his son as a benefit of his employment.
Expert:  Asad Rahman replied 7 months ago.

I am not coming across any specific law that says that. In this situation, the son may be receiving insurance as a dependent not as an employee. but if so, you should still have an attorney perhaps send a letter asking that this be addressed. I looked at several resources that I use for California employment law and there is nothing specific as far as statutes that apply.

Customer: replied 7 months ago.
I have found articles that state what I have stated, but I cannot find a specific statute that states it. It is definitely given to the son as a benefit of employment. They have both stated that. I just need the labor code that says he cannot do that so that he will accept responsibility.
Expert:  Asad Rahman replied 7 months ago.

The state's governor website says that it has to be offered equally, but there is no legal citation.

Let me keep researching.

Customer: replied 7 months ago.
Your link did not work. Can you tell me where to find that on the site?
Expert:  Asad Rahman replied 7 months ago.

It was the site section about medical, vision, and dental.

Customer: replied 7 months ago.
Ok I think I found it. Hopefully that will be enough to get through to him. If you are able to find anything more, please let me know.
Expert:  Asad Rahman replied 7 months ago.

I am researching right now.

Expert:  Asad Rahman replied 7 months ago.

Paragraph 2808 of the Labor Code says they have not notify all employees of health insurance benefits available. The key word being "all".

Expert:  Asad Rahman replied 7 months ago.

I only get paid if we receive a positive rating. If you do not have any further questions, I would really appreciate a positive rating.

Expert:  Asad Rahman replied 7 months ago.
Hope that statute helps.