If you worked at Waffle House and paid extra for health coverage because you use tobacco, this suit is about that fee — but it is a brand-new complaint, so there is nothing to file or claim yet.
Allegations Only · No Settlement Yet
This article describes a class action complaint. The statements below are unproven allegations. Waffle House, Inc. has not been found liable, there is no certified class, and nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
A former Waffle House employee has filed a proposed class action alleging the restaurant chain charged workers who use tobacco a monthly surcharge on their health coverage without offering a compliant way to avoid it. According to the complaint, filed June 23, 2026 in the U.S. District Court for the Middle District of Georgia (Macon), tobacco-using employees paid about $92 more per month — roughly $1,104 a year — than non-tobacco users for the same Waffle House health plan. The named defendant is Waffle House, Inc., the Norcross, Georgia-based operator of the chain. The allegations have not been proven, and Waffle House has not been found liable.The case is the latest in a wave of ERISA class actions over employer health-plan "tobacco surcharges." The legal theory is not that charging smokers more is automatically illegal — federal wellness-program rules allow it — but that an employer that does so has to follow specific requirements, and the complaint alleges Waffle House did not.
What the Complaint Alleges
Under federal law, a health plan that charges tobacco users more is treated as a "health-contingent" wellness program. To be lawful, the complaint explains, such a program generally must offer a reasonable alternative standard — a way to earn the lower, non-tobacco rate, such as completing a free cessation program — and it must tell employees about that alternative in all plan materials that describe the surcharge. If an employee completes the alternative, the plan is supposed to give the same reward as a non-smoker, which can include refunding surcharges already paid that plan year.The complaint alleges Waffle House fell short on notice and refunds. It says the enrollment guides and summary of benefits documents said nothing about the tobacco surcharge or the quit program, with only the Summary Plan Description mentioning them — even though the rules require that information to appear in the plan materials employees actually use to enroll. It also alleges none of the plan documents told employees that a recommendation from their personal doctor could serve as an alternative way to avoid the surcharge, which the wellness rules require.
On refunds, the complaint describes Waffle House's "Quit for Life" cessation program: employees who finished it by September 30 got a full refund of the surcharge back to June 1, but employees who finished after September 30 only had the charge stopped going forward, with no refund for the months already paid. Plaintiffs allege that structure did not give tobacco users the same full reward the rules require. Again, these are allegations; Waffle House has not responded to them in court and has not been found to have violated any law.
What the Lawsuit Seeks
The proposed class action is brought under the Employee Retirement Income Security Act (ERISA). It asks the court to order Waffle House to reimburse employees who paid the tobacco surcharge and to reform its health plan so that it complies with ERISA and the wellness-program rules going forward. As a putative class action, it seeks to represent a class of Waffle House health-plan participants who paid the surcharge, though no class has been certified and the court has not ruled on the merits.This filing sits alongside a broader run of tobacco-surcharge cases brought against large employers since 2024. Courts have split early on: some have let these cases advance past motions to dismiss, which is part of why more are being filed. OCA tracks the underlying issue in its employer smoker-fee investigation, which explains the reasonable-alternative-standard requirement in more detail.
What Happens Next?
Because this is a newly filed complaint, the next steps are procedural: Waffle House will have the opportunity to respond, likely with a motion to dismiss, and the court will eventually decide whether the case can proceed and whether a class should be certified. Only if the case survives those stages and later settles or wins would any reimbursement to employees follow — and any such process would be defined by the court, not available today.If you worked at Waffle House and paid the tobacco surcharge, there is nothing to file right now. The practical step is to keep your own enrollment paperwork and pay records; if a class is ever certified or a settlement is reached, those documents could matter. We will update this page as the case develops.
Frequently Asked Questions
What does the Waffle House tobacco surcharge lawsuit allege?
The proposed class action alleges Waffle House charged employees who use tobacco about $92 more per month — roughly $1,104 a year — for health coverage, without offering a compliant wellness-program alternative or properly telling workers how to avoid the fee. The complaint says the surcharge and the quit-tobacco program were disclosed only in the Summary Plan Description, not in the enrollment guides and other plan materials where federal rules require the information. These are unproven allegations; Waffle House has not been found liable.
Is there a settlement or money to claim right now?
No. This is a newly filed complaint. No class has been certified, there is no settlement, and there is no claim form or deadline. The lawsuit asks the court to order Waffle House to reimburse employees who paid the surcharge and to bring its health plan into compliance with ERISA, but nothing can be claimed at this stage.
Who could be covered if a class is certified?
The proposed class would generally cover Waffle House health-plan participants who paid the tobacco surcharge during the relevant period. The court has not certified any class, so the exact definition and dates are not final. Eligibility, if it is ever established, would be determined by the court.
Why are so many employers being sued over tobacco surcharges?
Since 2024, a wave of ERISA class actions has targeted employer health-plan tobacco surcharges. The suits generally allege that to charge smokers more, a plan must offer a reasonable alternative standard — such as a free cessation program — give employees notice of that alternative in all plan materials, and, when finished, provide the same reward (including refunding surcharges already paid). Plaintiffs allege many plans failed one or more of those requirements.
Sources
- Bloomberg Law — Waffle House Is Latest Employer Sued Over Health Plan Smoker Fee
- 13WMAZ — Server Files Class Action Against Waffle House Over Smoker Health-Plan Fee
- Fisher Phillips — Rising ERISA Class-Action Lawsuits Over Tobacco Surcharges in Health Plans
- U.S. Department of Labor — HIPAA wellness-program rules (reasonable alternative standard)
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