Can my client offer one set of medical benefits to salaried employees and a different set to hourly employees?

Yes, but with caution. Note: this answer is limited to health benefits, benefits such as retirement plans may be treated differently and should be discussed with a financial advisor.

Employers can offer different benefits or different levels of benefits (a “Program”) to different classes of employees provided that each employee who is in a similarly situated class is offered the same Program and provided that the classes are constructed from “bona fide employment-based classifications.”

Examples of employee classes:

• Full-time and part-time.
• Those in different geographic locations.
• Those with different lengths of service.
• Paid salary and paid hourly.

Two important factors to consider when designing Programs that differ by employee class. In general, the Program must be non-discriminatory. Specifically:

1. A Program cannot discriminate based on health and other medical factors (see DOL publication below).
2. A Program cannot discriminate in favor of highly-compensated individuals if a Section 125/Cafeteria Plan is in place (see Thomson Reuters guide below).

If an employer wishes to implement a Program whose benefits differ based on employee classification, especially if the classification is salary and hourly, where the likelihood of discrimination in favor of highly compensated individuals is much higher, we strongly recommend that you or the employer engage the services of a firm that specializes in compliance testing to ensure that all nondiscrimination requirements are satisfied. We encourage you to contact one of our partners below.

Resources

• Department of Labor: FAQs on HIPAA Portability and Nondiscrimination Requirements for Employers and Advisors (see Questions 12-24)
• Thomson Reuters Tax: What Nondiscrimination Tests Apply to Cafeteria Plans…

Claremont has vetted and partnered with a number of firms that offer HR Compliance services: Vendor Partners – HR Compliance.