Is it discriminatory if an employer pays 100 percent of the premium for salaried employees and 50 percent of the premium for the remaining hourly employees?

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Is it discriminatory if an employer pays 100 percent of the premium for salaried employees and 50 percent of the premium for the remaining hourly employees?

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Providing different coverage levels for different classes may be considered discriminatory, as the higher-paid employees would be paying less for their coverage than the lower-paid employees. This aspect of discrimination is not addressed directly in the Health Care Reform law but can found be in correlating tax law (Section 1.105-11(c) and Section 105(h) of the Tax Code). Contact your tax advisor or benefits attorney for more specific guidance.

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