Can my employer offer some but not all of his employees insurance?

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Can my employer offer some but not all of his employees insurance?

I work for a family owned business and they say they cannot provide us with
insurance. However, it has been revealed that there are five employees who work
here that have insurance through the company. While the rest of us are being told
they cannot offer it to us. Is that legal?

Asked on June 20, 2017 under Employment Labor Law, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Actually, it probably is. The fact is that unless this action violates the terms of an employment contract or union agreement, it is legal. In an "at will" employment relationship, a comapny can set the conditions of the workplace much as it sees fit. That is so long as no form of legally actionable discrimination plays a role. Additionally, insurance is not legally mandated to be given, so to the extent that an employer chooses to provide it, it can offer it to some workers but not to others (subject to the restrictions above).  


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