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
Can a LinkedIn Group Established as a Private Online Community Constitute a Trade Secret?
The modern legal issue of balancing privacy rights and the use of social media sites continues to be determined by emerging cases, such as the one faced recently by a federal court in Illinois concerning a LinkedIn group. In that matter, a company offered a variety of...
Turning Fifty? Welcome to the FMLA
Hitting the big 50, not with birthday candles but with a total number of employees, triggers the start of a company's obligations under the Family Medical Leave Act (FMLA). With the recent trend of increased hiring in the U.S. economy, now is the time to begin...
Can Routine Employment Discrimination Justify an Award of Punitive Damages? Missouri Says “Yes”
In a recent case before the Missouri Court of Appeals, O'Reilly Automotive Stores, Inc. ("O'Reilly") appealed the judgment of the trial court in an action under the Missouri Human Rights Act for employment discrimination based on disability. The evidence established...
Heads Up, I Win; Tails Up, You Lose. Did Both Parties Really Agree to Arbitration?
It's a simple concept on its face: To be binding, an arbitration agreement must contain mutual promises by both parties to arbitrate their claims. But if one party to an employment contract excepts one or more types of claims from arbitration, is there mutuality,...
