Employer charging a penalty if employees don’t submit proof of annual physical.
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Employer charging a penalty if employees don’t submit proof of annual physical.
My employer has just implemented a penalty of 10 a week if employees don’t get their annual physical. This only applies to employees who are under the health insurance offered through the employer. Is this legal for them to do?
Asked on January 15, 2017 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Absent legally actionable discrimination (i.e. that based on race, religion, age (over 40), disability, etc.), not all employees need to be treated the same or even fairly. Further, most employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit. This includes requiring some workers to submit proof of their annual physicals. So unless this action violates the terms of a union agreement or employment contract, it is legal.
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