Is it legal for an employer to offer health insurance to certain employees and not everyone in the company?

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Is it legal for an employer to offer health insurance to certain employees and not everyone in the company?

The company offers the office employees health benefits but does not offer it to the laborers.

Asked on January 8, 2012 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

While a company must treat similarly situated employees the same, it may be able to treat employees at different locations (e.g. factory/warehouse vs. office), or who have very different jobs (e.g. "white collar" vs. "blue collar"--remember: employers can set the compensation, including benefits, for each job), or who work different hours (e.g. full- vs. part-time) differently. For a definitive answer, you need to consult with an employment attorney who can evaluate the specifics of the situation; as a general matter, yes--there are circumstances under which the office employees could be offered health benefits but not the laborers.


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