can a company force an employee to be in a 401k program?

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can a company force an employee to be in a 401k program?

the company I work for has all employees signed into a 401k so they can put our profit sharing into. The problem I have is I have to go into the 401k every year to opt-out so that nothing comes out of my check. I do not want to be in any 401k for personal reasons but they will not let me completely take my name out of it. Is this legal? Forcing an employee to participate in a program?

Asked on January 15, 2017 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, this is legal. Employers determine salary or wages, benefits, and other compensation, including 401ks or pensions, and may require employees to participate in any or all of these programs. Employers have broad legal discretion, under "employment at will" (the law in all states), to determine compensation, benefits, and participation therein.


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