7-Eleven Ordered to Defend Health Plan Smoker Penalty Lawsuit

A former 7-Eleven Inc. employee challenging the convenience chain’s practice of charging extra health plan fees to workers who smoke won a court order allowing her to move forward with her proposed class action.

7-Eleven may have run an unlawful employee wellness program by charging tobacco-using workers an extra $27.70 per paycheck without giving them a chance to have the charges waived retroactively, Judge Brantley Starr said. He also greenlighted claims that the program was unlawful because 7-Eleven didn’t properly publicize key aspects of the arrangement, along with claims the company breached its fiduciary duties under the Employee Retirement Income ...