Affordable Care Act
The Patient Protection and Affordable Care Act, also known as the Affordable Care Act (ACA), or colloquially as “Obamacare,” was signed into law in March of 2010 with the goal of increasing the quality and affordability of health insurance for millions of Americans.
While the Act’s employer shared responsibility payments will not apply until 2015, and in some cases, not until 2016, there are provisions and safe harbors to consider and decisions that can be made now that may help businesses, employees and a business’s bottom line. Further, there are many unintended consequences arising out of the ACA that business owners, both large and small, need to consider when administering health care arrangements.
We are carefully following the developments associated with the roll-out of ACA and are providing counsel to business owners and other professionals, helping them to address compliance issues, evaluate exposure to penalties and other tax issues as well as planning strategically for the future.
Affordable Care Act Articles
Missouri Court Finds Employer Liable for Sexual Harassment by Customers
A recent decision by the Missouri Court of Appeals reiterated the circumstances under which an employer may be held liable for sexual harassment. In Delise Diaz v. AutoZoners, LLC, et al., the plaintiff filed suit under the Missouri Human Rights Act (“MHRA”) against...
Supreme Court Ruling on Same-Sex Marriage Impacts Family Medical Leave Act Rights
The U.S. Supreme Court of the United States issued its decision in Obergefell v. Hodges, holding that the U.S. Constitution guarantees same-sex couples the freedom to marry. Specifically, the decision holds that the right to marry is a "fundamental right" and that all...
To Solicit Or Not Solicit? That is The Question.
While Shakespeare did not plot his plays around non-solicitation agreements between employees and employers, this area remains an actively litigated one in today's workplace. Most of these agreements provide that an employee, after the employment relationship ends,...
Navigating the Crossroads of Mental Disabilities and Reasonable Accommodation in the Workplace
Under the Americans with Disabilities Act (ADA), an employer must "make reasonable accommodation to the known physical or mental limitations of an otherwise qualified applicant or employee with a disability, unless the employer can demonstrate that the accommodation...
