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
Internet Sales Alter Scope of Non-Compete Agreements
Traditionally, non-compete agreements have included a geographic scope to protect an employer’s customer contacts and goodwill. The general rule is that non-compete agreements are enforceable to the extent they can be narrowly tailored geographically and temporally,...
FMLA vs. Short-Term Disability
The Family Medical Leave Act (“FMLA”) and short-term disability are separate and distinct forms of protection for employees who encounter medical problems. However, because employees generally use their short-term disability in conjunction with their FMLA leave,...
The IRS Recently Advised an Individual May Be an Employee, Independent Contractor or Both!
The Internal Revenue Service (“IRS”) recently ruled that a person, providing services to the same company, may be classified as an employee, independent contractor or in some situations, both. The unusual pronouncement by the IRS came in the context of a professional...
October 1, 2013 Deadline for Employer Notices under Affordable Care Act
The Affordable Care Act (ACA) added a section to the Fair Labor Standards Act (FLSA) that said an applicable employer must provide a written notice to each existing employee. The original deadline of March 1, 2013 has now been extended by the Department of Labor....
