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
Court Decision Finds FMLA Violation in Failure of Employer to Provide Proper Notice
A federal court judge has ruled that a claim could be stated against an employer which failed to provide proper notice to an employee during her unpaid leave under the Family Medical Leave Act (FMLA.) The employee was discharged from her position when she failed to...
Continuing Violations vs. Discrete Acts under the MHRA
In Tisch v. DST Systems, Inc., the plaintiff employee brought an action against his employer for reverse gender discrimination, age discrimination, and retaliation in violation of the Missouri Human Rights Act (“MHRA”), Section 213.010, RSMo., et seq. Specifically,...
“Mere Inconvenience” Not Sufficient for Variance to Zoning Regulations
Property owners who live in municipalities are subject to zoning codes and other ordinances that regulate, among other things, the kinds of activities which are acceptable on particular lots, the height of buildings, the amount of space structures may occupy, and the...
HAMP Does Not Protect Lenders from State Law Claims from Borrowers
Recently, the Seventh Circuit reversed a U.S. District Court ruling that had previously dismissed a Plaintiff’s lawsuit brought against Wells Fargo Bank. As background, the case involved the Home Affordable Mortgage Program (HAMP), which is a federal program...
