Macy’s Awaits Judge’s Move in Suit Over Surcharges for Smokers (1)

It’s been over a year since Macy’s Inc. asked a federal court to toss out a lawsuit in which the Labor Department alleges the company is running a wellness plan that discriminates against employees who smoke.

The case was reassigned in December to a new judge, giving court watchers hope that a decision on the future of the case is forthcoming. It’s a dispute attorneys who specialize in employee benefits are closely watching given its potential to interpret rules for wellness programs, particularly those that charge tobacco users more for their health insurance.

“I hope the court doesn’t turn around ...