Surge in Nicotine Fee Suits Shows Wellness Program Risks

D. Finn Pressly, partner at Ballard Spahr, spoke with Law360 about the recent increase of suits accusing employers of violating nondiscrimination provisions in federal benefits law by making workers who use nicotine pay more for health insurance in related surcharges.

"We now have the possibility of seeing different courts all over the country doing their own independent review of these regulations without Chevron deference. So I'm watching all of them," Pressly said.

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