Is it legal for an employer to cut your hourly wages when signing up for their group health insurance?

My husband is currently an hourly employee where he works and will soon be an independent contractor for them instead. Because of this, we are losing our health insurance. I approached my employer about gaining insurance (for myself only) through their group plan and was told that if I wanted to sign up, my hourly wage would be cut $2-$3 an hour in addition to having a certain amount deducted from my paycheck.

Asked on August 20, 2012 under Employment Labor Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether what you have written about is legal or illegal depends upon what is presently stated in the presumed employer employee handbook that you have. Most likely the handbook will spell out what is allowed as to health care benefits for an employee where you work. As such, I suggest that you carefully read the document. If there is nothing addressing the issue that you have written about in the handbook, you need to consult with a labor attorney about your matter in that at first blush it does not seem proper for you to be debited so much per hour for seeking insurance if other employees do not receive the same treatment at work.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.