Whole Foods Is Latest to Be Sued Over Health Plan Smoker Fee (1)

Whole Foods Market Inc. forces workers who smoke to pay an extra $780 per year for health coverage without offering a legally compliant way to avoid the full penalty, a new lawsuit alleges.

The grocer’s tobacco-using employees are required to pay an extra $30 per paycheck to remain on the company’s health plan with no opportunity to waive the penalties retroactively, three current and former employees said in a proposed class complaint filed Friday in the US District Court for the Western District of Texas. Whole Foods allows workers who enroll in a smoking cessation program to have future penalties ...