They can as long as they are not discriminating within a class of employees. For example, it is not uncommon for an employer to contribute on dollar or percentage amount towards the coverage of salaried employees and another dollar or percentage amount towards hourly employees. This is quite common where a labor union collectively bargained agreement is in place.
Where an employer can get in trouble is where they choose to discriminate within the same class of employees. So, as a general rule all salaried employees should be treated the same from an employer contribution standpoint as should be the case with all hourly employees. Contributing 50% of the cost for one salaried employee and 75% of the cost for another similarly situated salaried employee could be the grounds for a labor discrimination lawsuit for the employer.
.JPG){kind=avatar}
Where an employer can get in trouble is where they choose to discriminate within the same class of employees. So, as a general rule all salaried employees should be treated the same from an employer contribution standpoint as should be the case with all hourly employees. Contributing 50% of the cost for one salaried employee and 75% of the cost for another similarly situated salaried employee could be the grounds for a labor discrimination lawsuit for the employer.