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Warner Norcross + Judd LLP is a corporate law firm with over 230 attorneys serving clients in nine offices throughout Michigan. Among the largest law firms in Michigan, Warner works in virtually all areas of business law.

Michigan Law Firm - Warner Norcross + Judd LLP

Employers sponsoring wellness programs that include tobacco surcharges have faced a growing wave of Employee Retirement Income Security Act class-action litigation over the past several years. These lawsuits primarily challenge whether such programs comply with Affordable Care Act and HIPAA wellness program regulations, particularly the requirement to provide a “full reward” and properly disclose a reasonable alternative standard.

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Warner attorney <a href="https://www.wnj.com/people/deandre-l-robbins/" target="_blank" rel="noreferrer noopener">De’Andre Robbins</a> discussed the tobacco surcharge landscape with Indiana Lawyer for the article, “Federal judges have sided with employers in three recent cases brought by employees over extra fees.”

“[The rulings] are definitely a positive trend for employers,” Robbins said.

According to the magazine, approximately 50 lawsuits challenging tobacco surcharges have been filed in the U.S. in recent years. One such case involves an Elkhart, Indiana-based manufacturer of outdoor sports equipment and machinery.

Many of the lawsuits allege that companies have not done enough to inform employees about the fees and available alternatives. Robbins said courts are largely rejecting those claims and ruling that employers’ disclosures meet federal requirements.

Although the rulings may provide some relief for employers worried about the wave of lawsuits, Robbins offers a cautious view. “The rulings do not establish precedent outside of the district in which they were made,” he said.

As a result, tobacco surcharge challenges are likely to continue.

Subscribers to Indiana Lawyer can read the full article <a href="https://www.theindianalawyer.com/articles/federal-judges-have-sided-with-employers-in-three-recent-cases-brought-by-employees-over-extra-fees" target="_blank" rel="noreferrer noopener">here</a>.

Read De’Andre Robbins’ blog on this topic <a href="https://www.wnj.com/updates/tobacco-surcharge-programs-recent-decisions-favor-employers-but-risk-remains/" target="_blank" rel="noreferrer noopener">here</a>.

De’Andre Robbins Discusses Tobacco Surcharges with Indiana Lawyer

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