is a tobacco surcharge legal
Is it legal for my employer to charge employees a weekly $5 surcharge fee for being a tobacco user ? This is something new for 2014 for my employer's medical benefit requirements for employees. We must sign a 'tobacco use affidavit' stating if we use tobacco or do not. If we are a 'user', it will cost $5 more a week for medical benefit coverage than non-users. A 'non-response' automatically adds the $5 per week surcharge.