Published: Sep 22, 2012 7:41 AM EDT

LEE COUNTY, FL - Winn - Dixie supermarkets passed a memo to employee earlier this month letting them know, if they did not stop smoking or using tobacco products, a 12 - 45 dollar insurance surcharge would be deducted from their weekly wages. The effort is a part of a wellness program to keep insurance costs down as a whole. But some question if the move is fair and even legal. WINK News turned to employment attorney, Denise Wheeler for answers. Wheeler says the move is perfectly legal and may not stop with smoking. "Overeating is a behavior that turns into a medical condition, just like smoking", Wheeler says.