top of page

Law Firm Investigating 
Tobacco Surcharge Claims

iStock-172408696 (1).jpg

For Immediate Release

January 26, 2023 (KANSAS CITY, MO) – McClelland Law Firm, P.C., a leader in wage and hour and employee rights litigation, is investigating potential claims against employers who deduct additional health insurance premiums, fees, or surcharges for tobacco users.  This may be an unlawful penalty for tobacco use; if so, employees are entitled to a reimbursement of the overcharges.

Employers and health insurers may charge additional premiums for tobacco use, but only if they meet certain requirements.  One requirement is that the employer must provide a "reasonable alternative standard" to simply not being a tobacco user that offers the "full reward" of the wellness program.  In other words, employers must give tobacco users a way to avoid the tobacco surcharge other than not smoking.  And they must provide "notice" of the reasonable alternative standard in all plan documents discussing the extra tobacco surcharge. 


An example of a reasonable alternative standard would be a company-sponsored tobacco cessation program for tobacco users to complete to avoid the surcharge (even if the program does not result in the employees ceasing tobacco use).  

If you have been subject to an additional health insurance premium, fee, or surcharge due to tobacco use, and would like additional information regarding these potential claims, please Contact Us immediately.


For additional information, please contact:


McClelland Law Firm, P.C.

The Flagship Building

200 Westwoods Drive

Liberty, Missouri 64068


Attorney Advertising Material.  The choice of a lawyer is an important decision and should not be based solely upon advertisements.  Advertisement by McClelland Law Firm, P.C. in Liberty, MO.


Please disregard this solicitation if you have already engaged a lawyer in connection with the legal matter referred to in this solicitation.  You may wish to consult your lawyer or another lawyer instead of us.  The exact nature of your legal situation will depend on many facts not known to us at this time.  You should understand that the advice and information in this solicitation is general and that your own situation may vary.  This statement is required by rule of the Supreme Court of Missouri.



bottom of page