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
MAI 31.24 Applies Exclusive of Federal Authority for MHRA Employment Discrimination Claims
The Missouri Court of Appeals recently affirmed a trial court’s refusal to give four non-MAI jury instructions in a MHRA employment discrimination case. McCullough v. Commerce Bank, WD71625, 2011 WL 3106914 (Mo. App. W.D. July 26, 2011). The issue on appeal was...
Calls to Employee on FMLA Leave Lead to Claim for Emotional Distress
A U.S. federal judge has allowed a claim for emotional distress brought by a community college employee who received numerous calls from her supervisors while on FMLA leave for cancer-related surgery. During her FMLA leave, the employee alleged that she received many...
High Court Holds that Oral Complaints Fall Within the Anti-Retaliation Protections of the FLSA
The United States Supreme Court recently ruled in Kasten v. Saint-Gobain Performance Plastics Corp. that an employer’s termination of an employee in response to an oral complaint about working conditions does subject the employer to potential liability for violation...
Equal Employment Opportunity Commission Issues Final Regulations under the Amendments to the Americans with Disabilities Act
In 2008, the United canadian healthcare States Congress enacted amendments to the Americans with Disabilities Act of 1990 (“ADA”). In March 2011, the Equal Employment Opportunity Commission (“EEOC”), which is charged with writing and adopting regulations, promulgated...
