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The surcharge is structured as a penalty rather than a legitimate wellness incentive, the lawsuit claims, since the workers who miss the enrollment deadline are penalized for the entire year without any opportunity to later demonstrate compliance or avoid the surcharge. The lawsuit is based on the requirements of the Employee Retirement Income Security Act of 1974

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However, police will often use a positive sniffer dog response in combination with surrounding circumstances (such as your behaviour when detected) to argue that a reasonable suspicion has been met