Paying a Tobacco Surcharge for Health Insurance?

Some employers impose a tobacco surcharge that makes workers pay more for health insurance, because they smoke, vape, use chewing tobacco, snuff or other nicotine products.

You or a family member may have legal claims and may be able to recover some or all of what was paid.

What is a tobacco surcharge?

Many employers charge workers more for workplace health insurance if they or a covered family member use tobacco or nicotine products.

The charge may appear as:

  • A tobacco or nicotine surcharge
  • A higher health insurance premium
  • A wellness charge
  • A tobacco-user rate
  • The loss of a non-tobacco discount

These charges can add up quickly. Even a $20 weekly surcharge can exceed $1,000 in one year.

When might a tobacco surcharge be improper?

Federal employee-benefit law places conditions on certain health-plan wellness programs.

A tobacco or nicotine surcharge may warrant legal review if:

  • No real alternative was offered. You had no meaningful way to qualify for the lower premium, such as participating in a tobacco-cessation program.
  • The alternative was not clearly disclosed. Enrollment materials or premium chart showed the surcharge, but did not clearly explain how to avoid it.
  • You had to actually quit. Participating in or completing a reasonable alternative may be enough even if you continue using tobacco or nicotine.
  • You did not receive the full promised benefit. You completed the program, but the surcharge continued or the plan did not provide the reward described in its terms.

Whether a surcharge is improper depends on the health plan’s documents, disclosures and administration.

Who may be affected by a tobacco surcharge?

Employer definitions vary. A “tobacco surcharge” may apply to:

  • Cigarettes or cigars
  • Pipes or hookah
  • Chewing tobacco or snuff
  • E-cigarettes or vaping devices
  • Synthetic nicotine
  • Other tobacco or nicotine products

Some employers also impose the charge when a spouse, partner or other family member covered by the employee’s health plan uses one of these products.

Could you recover what you paid?

Possibly. Employees have filed class actions alleging that employers collected tobacco or nicotine surcharges without offering a lawful alternative, providing adequate notice or delivering the promised reward.

Courts have reached different results depending on the plan and the employee’s circumstances. Paying a surcharge does not automatically establish a claim, but the charge may warrant investigation.

You or a family member may have legal claims

If you paid a tobacco or nicotine surcharge—or paid more because a family member covered by your workplace health plan used a covered product—you may have legal claims and may be able to recover some or all of the surcharge payments.

Contact Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is investigating employer tobacco and nicotine-related health insurance surcharges.

If you, a friend or a covered family member paid one of these charges, contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation legal evaluation.

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

All representation is provided on a contingency-fee basis, and plaintiffs are not responsible for attorneys’ fees, court costs, or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval. 

 

 

 

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SEC and CFTC Charge Goliath Ventures in Alleged Ponzi Scheme

SEC and CFTC File Parallel Civil Actions

The SEC and CFTC charge Goliath Ventures, Inc. (“Goliath”) and its founder and CEO, Christopher A. Delgado (“Delgado”), in separate civil enforcement actions filed on August 11, 2026, concerning an alleged crypto asset Ponzi scheme.

The SEC litigation release alleges that Goliath and Delgado raised at least $425 million from more than 1,300 investors between January 2023 and January 2026 through an unregistered securities offering involving purported crypto asset liquidity pools. According to the SEC, no investor funds or crypto assets were placed into those liquidity pools, Delgado misappropriated at least $51 million for personal use, and investor funds were used to pay earlier investors.

The CFTC press release separately alleges that approximately 1,600 customers contributed at least $397 million for purported crypto asset trading, including bitcoin and ether. The CFTC alleges that customer funds were misappropriated, fictitious profits were paid to existing customers, principal or profits were falsely guaranteed, and false account statements reflected nonexistent gains.

What Relief Do the Agencies Seek?

The SEC charges Goliath and Delgado with violations of federal securities laws. Delgado consented to a proposed bifurcated judgment, subject to court approval, while monetary relief would be determined later. The SEC seeks injunctions and disgorgement with prejudgment interest against Goliath.

The CFTC seeks restitution, disgorgement, civil monetary penalties, trading and registration bans, and a permanent injunction. The CFTC also reported that Delgado pleaded guilty to federal criminal charges in June 2026 in a parallel criminal case.

Sources: CFTC Release No. 9280-26 (August 11, 2026); SEC Litigation Release No. 26608 (August 11, 2026)

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

All representation is provided on a contingency-fee basis, and plaintiffs are not responsible for attorneys’ fees, court costs, or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval. 

 

 

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Kehoe Law Firm, P.C.
2001 Market Street
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Philadelphia, PA 19103

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Tel: 215-792-6676

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[email protected]

Novelis Overtime Lawsuit – Unpaid Pre-Shift Work

A Novelis Corporation (“Novelis”) employee has alleged that hourly production/manufacturing workers were not paid for required pre-shift work, resulting in unpaid overtime.

The lawsuit, Evans v. Novelis Corporation, 1:26-cv-04498-MHC (N.D. Ga. filed Aug. 10, 2026), seeks to proceed as an opt-in collective action under the Fair Labor Standards Act (“FLSA”) for certain current and former hourly, non-exempt production/manufacturing employees at Novelis locations outside Ohio.

What does the lawsuit allege?

The complaint was filed in United States District Court, Northern District of Georgia and alleges that Novelis generally paid covered employees for scheduled shift times, but did not pay them for required pre-shift work, including:

  • changing into required uniforms and personal protective equipment (“PPE”);
  • walking to assigned work areas; and
  • participating in mandatory shift-change or shift-turnover procedures.

Allegedly, this unpaid time resulted in overtime violations during weeks when employees worked more than 40 hours. It also alleges that Novelis failed to keep complete and accurate time records and acted willfully.

Who may be covered?

The complaint defines the proposed collective as all current and former hourly, non-exempt production/manufacturing employees at Novelis locations outside Ohio who were paid for 40 or more hours in any workweek beginning three years before the complaint was filed on August 10, 2026.

Eligible workers do not join automatically. An FLSA collective member generally must file written consent with the court to opt in.

What relief is requested?

The plaintiff seeks, among other things, unpaid overtime, liquidated damages, attorneys’ fees, costs, and other relief as the Court deems just and proper.

Frequently Asked Questions

Is this a class action?

The complaint seeks an FLSA collective action, not a Rule 23 class action. Eligible workers generally must affirmatively opt in.

Are Novelis employees in Ohio included?

Not under the collective definition proposed in the complaint, which excludes Novelis locations in Ohio.

Did You Perform Unpaid Pre-Shift Work at Novelis?

If you worked as an hourly, non-exempt production/manufacturing employee at a Novelis location outside Ohio, worked more than 40 hours in a workweek, and performed required pre-shift activities without pay, you may have legal claims.

For more information, contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation legal evaluation.

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

All representation is provided on a contingency-fee basis, and plaintiffs are not responsible for attorneys’ fees, court costs, or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval. 

 

 

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Kehoe Law Firm, P.C.
2001 Market Street
Suite 2500
Philadelphia, PA 19103

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Tel: 215-792-6676

EMAIL

[email protected]

Unpaid Wages at Urgent Care: DOL Recovers $113K

Investigation Finds Unpaid Training, Off-the-Clock Work, and Overtime Violations

The U.S. Department of Labor announced that it recovered $113,199 in back wages after an investigation found that Premier Health Consultants LLC, which operates as St. Joseph’s/Candler Urgent Care, violated the Fair Labor Standards Act.

According to the Department’s Wage and Hour Division, the employer failed to pay workers properly for time spent attending required orientation, meetings, and training. Investigators found that employees received straight-time pay instead of the required overtime rate for hours worked beyond 40 in a workweek.

The Department also found that certain employees were required to perform work off the clock, resulting in additional unpaid overtime.

Department of Labor Finds Employee Retaliation

The Wage and Hour Division further determined that the employer suspended a worker who questioned its pay practices. The FLSA prohibits employers from retaliating against employees who raise concerns about unpaid wages or exercise their rights under federal wage-and-hour law.

Mandatory Training and Meetings May Be Compensable Work

Employers generally must compensate nonexempt employees for required, job-related orientation, meetings, and training. When that time causes an employee’s total hours to exceed 40 in a workweek, the employee may also be entitled to overtime compensation.

Employees may have potential wage claims if they were required to:

  • Attend unpaid orientation or training;
  • Participate in required meetings before or after a scheduled shift;
  • Complete job-related tasks off the clock;
  • Work more than 40 hours without receiving proper overtime pay; or
  • Endure discipline or retaliation after questioning an employer’s pay practices.

Source: U.S. Department of Labor, Wage and Hour Division 

Concerned About Your Employer’s Pay Practices?

Employees concerned about unpaid overtime, off-the-clock work, unpaid training or meetings, improper deductions, misclassification, withheld compensation, or retaliation for raising pay-related concerns may have legal rights.

Available wage-and-hour protections depend on factors, such as the employee’s location, job duties, compensation structure, and individual circumstances. Employees who believe they have not received all compensation owed should preserve relevant pay statements, schedules, time records, workplace policies, and communications and consider consulting an employment attorney about their rights and available options.

For more information, contact Michael Yarnoff, Esq., (215) 792-6676, Ext. 804, [email protected], [email protected], for a free, no-obligation legal evaluation.

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

All representation is provided on a contingency-fee basis, and plaintiffs are not responsible for attorneys’ fees, court costs, or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval. 

 

 

SEND US A MESSAGE

Contact Us

ADDRESS

Kehoe Law Firm, P.C.
2001 Market Street
Suite 2500
Philadelphia, PA 19103

PHONE

Tel: 215-792-6676

EMAIL

[email protected]

SEC Charges Adit Ventures Management and CEO with Alleged Fraud

On August 10, 2026, the SEC announced that it charged New York-based investment adviser Adit Ventures Management LLC, its CEO Eric Munson (“Munson”), and three affiliated general partners, Adit Ventures LLC; Adit Ventures II LLC; and Adit Ventures III LLC (the “General Partners”), for allegedly defrauding investors and client funds in connection with investments in pre-IPO shares, such as SpaceX and Klarna, including by misappropriating advisory client assets and charging millions in undisclosed fees.

According to the SEC’s complaint, from at least April 2019 through December 2024, the defendants used false claims and promises to persuade investors to contribute capital to Adit-managed funds, including Munson soliciting an investor by falsely claiming that a fund owned shares of stock of a private, pre-IPO company. Allegedly, the defendants regularly used client capital for their own benefit, including by taking unsecured loans from funds on favorable terms, and these transactions were not authorized by fund documents and generally not disclosed to investors.

The complaint also alleges that the defendants violated their fiduciary duties by buying pre-IPO shares and then causing client funds to buy those shares at a higher price, while misrepresenting the true cost of acquiring the shares to investors and without obtaining the requisite consent for these principal transactions; overcharging their client funds millions in unauthorized “acquisition fees”; and improperly pledging client assets as collateral for a $10 million line of credit. 

Munson, Adit Ventures Management, and the General Partners were charged with violating the antifraud provisions of the Securities Act of 1933, the Securities Exchange Act of 1934 and the Investment Advisers Act of 1940. Adit Ventures Management also was charged with violating the registration provisions of the Investment Advisers Act.

Without admitting the allegations in the complaint, the defendants consented to the entry of a judgment, subject to court approval.  The proposed relief includes, among other things, disgorgement with prejudgment interest and a civil penalty in an amount to be determined by the court. Munson also agreed to a forthcoming associational bar against him with a right to apply for reentry after three years.

Source: SEC.gov

About Kehoe Law Firm, P.C.

Kehoe Law Firm, P.C. is a nationally-recognized, plaintiff-side class action law firm representing investors and consumers in matters involving securities fraud, corporate misconduct, mergers and acquisitions, antitrust violations, whistleblower claims, data breaches, consumer fraud, employment law violations, and retirement-plan mismanagement. Its attorneys have served as lead or co-lead counsel in major securities cases, recovering more than $10 billion for institutional and individual investors.

All representation is provided on a contingency-fee basis, and plaintiffs are not responsible for attorneys’ fees, court costs, or litigation expenses. Any request for attorneys’ fees and expenses will be subject to court approval. 

 

 

SEND US A MESSAGE

Contact Us

ADDRESS

Kehoe Law Firm, P.C.
2001 Market Street
Suite 2500
Philadelphia, PA 19103

PHONE

Tel: 215-792-6676

EMAIL

[email protected]