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Related Employment Law Questions
Our company has a wellness program in place (for many years
Our company has a wellness program in place (for many years now) that charges tobacco users a surcharge but there isn't a reasonable alternative offered other than "quit smoking". Is this legal or is … read more
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I have an employee (I am a physical therapy practice in Washington DC)...he has told me that he must have 2 15 min breaks daily for his smoking ADDICTION...and that the Government says that I have to support his addiction … read more
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I believe an entire company owning over 155 medical facilities is breaking the laws of HIPPA. I pointed out to their lawyer. He explained how they were they not breaking HIPPA. I have been an advocate… read more
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My company requires biometric screening for health care
My company requires biometric screening for health care coverage. If you fail more than 3, they are going to start charging us a $40/paycheck surcharge, as well as a $60/paycheck surcharge for smoking… read more
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I was born in May 1951. Sometime in 1970, I started smoking
I was born in May 1951. Sometime in 1970, I started smoking - I was hired at Philip Morris in Richmond, VA. They provided employees with free cigarettes - one pack a day. Now I am addicted. I know thi… read more
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The company I work for has a tobacco surcharge however my issue is the
The company I work for has a tobacco surcharge however my issue is their affidavit about tobacco cessation. Can they continue to deduct the surcharge for the next 12 months after I quit and if I stay … read more
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My employer has a wellness program. If you do not participate
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Our company is planning to charge employees who use tobacco
Our company is planning to charge employees who use tobacco products a $50.00 per month surcharge over their health insurance costs. It is a new agency policy, not an insurance issue. Is this consider… read more
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Can a employer charge an employee a tobacco surcharge of $
Can a employer charge an employee a tobacco surcharge of $ 50.00 a month if they do not go through their tobacco cessation program? ALL charges for quit smoking aids are , of course, the employees res… read more
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I have the qualifications to work for a company that states
I have the qualifications to work for a company that states it will not hire tobacco users. I use tobacco as part of my Native American religious beliefs. The belief is tobacco is a gift from the crea… read more
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According to Native American beliefs tobacco smoking helps
According to Native American beliefs tobacco smoking helps one commune with the Gods. There is a belief that tobacco is so addictive even the Gods are addicted and sharing the smoke helps one bond to … read more
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My employer, in FL, in response to new healthcare laws, has
My employer, in FL, in response to new healthcare laws, has initiated some some "requirements" that I am not comfortable with. Failure to comply with these requirements results in higher healthcare pr… read more
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can an employer charge employees a surcharge in premium rates
can an employer charge employees a surcharge in premium rates if an employee smokes, or refuses to participate in a disease managment program and if so, will the employer lose grandfather status under… read more
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i am a registered nurse returning to work after 5 yrs. i had
i am a registered nurse returning to work after 5 yrs. i had my license reinstated if i agreed to enroll in Health practioners monitoring program. I have a history of chemical dependency. i just inter… read more
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If you smoke cigarretes my employer made us either pay a $50
If you smoke cigarretes my employer made us either pay a $50 a month fee, or take a smoking sessation program online. It states that we have to enroll and complete the program by April 30th and verify… read more
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I was given a job offer by a large Hospital system i Houston
I was given a job offer by a large Hospital system i Houston and when they spoke to me on the phone they told me I had to quit smoking. When i went for my drug test and Physical they did a cotinine te… read more
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The company I work for is planning on adding a 5 dollar per
The company I work for is planning on adding a 5 dollar per week surcharge to every employee who uses nicotine and doesn't register with quitnet.com (its a smoking cessation program). I live and work … read more
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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