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
Dude, Where’s My Body?
A recent decision by the Missouri Court of Appeals now requires rethinking with respect to the structure and effectiveness of Health Care Durable Powers of Attorney that contain provisions regarding "right of sepulcher." The right of sepulcher refers to "the right to...
Lying or Falsifying Documents Not ‘Misconduct’ for Purposes of Unemployment Unless Material to Employment
The Missouri Court of Appeals recently held that an employee’s termination based upon lying or falsifying documents should not result in a denial of unemployment benefits based upon “misconduct connected with work” unless the falsification is material to the...
Police Chief’s Good Intentions Do Not Avoid FLSA Liability
A Missouri federal court recently found that while a police chief attempted to better the department through new scheduling orders, his actions violated the Fair Labor Standards Act ("FLSA"). As a result, the court awarded liquidated damages to record clerks who were...
Girlfriend Buys New Car, Boyfriend Terminated, Legal Claim Denied
The Missouri Court of Appeals has ruled in favor of a Honda dealership in response to a wrongful-discharge lawsuit brought by a former sales manager. The dealership had a policy that employees and members of their household were prohibited from buying a new Honda from...