Employer charging a penalty if employees don’t submit proof of annual physical.

UPDATED: Sep 30, 2022

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Employer charging a penalty if employees don’t submit proof of annual physical.

My employer has just implemented a penalty of 10 a week if employees don’t get their annual physical. This only applies to employees who are under the health insurance offered through the employer. Is this legal for them to do?

Asked on January 15, 2017 under Employment Labor Law, Massachusetts


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Absent legally actionable discrimination (i.e. that based on race, religion, age (over 40), disability, etc.), not all employees need to be treated the same or even fairly. Further, most employment is "at will" which means that a company can set the conditions of the workplace much as it sees fit. This includes requiring some workers to submit proof of their annual physicals. So unless this action violates the terms of a union agreement or employment contract, it is legal.

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.

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