Former Windstream worker sues over $23.08 biweekly tobacco surcharge, alleging ERISA violation
Key points
- Plaintiff is Matthew Detwiler, a former Windstream Services LLC employee
- Alleges the $23.08 biweekly tobacco surcharge violates ERISA
- Alleges no retroactive reimbursement and no notice that physician recommendations could replace the cessation program; not yet decided by a court
A former Windstream Services LLC employee sued the company and its benefits committee, alleging that its $23.08 biweekly surcharge on employees who use tobacco products violates the Employee Retirement Income Security Act (ERISA). The suit claims that after employees complete a cessation program, the company does not offer retroactive reimbursement of surcharges already paid, and did not tell workers that their physician's recommendations could be accommodated in place of the standard cessation program. The plaintiff is Matthew Detwiler. The allegations have not yet been decided by a court.
What employers should do
- Review the tobacco surcharge design and reimbursement mechanism in the company's health plan
- Confirm plan documents tell employees that physician recommendations may be accommodated in place of the standard cessation program
Policy details
- Jurisdiction
- Federal
- Status
- Enforcement action
- Effective date
- —
- Employers covered
- Windstream Services LLC and its benefits committee
- Official source
- Official source pending
Original report: Bloomberg Law News ↗Edited with AI assistance. Facts are based on official sources and original reports. For information only; not legal, immigration or insurance advice.