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
The “Ordinary” Commercial Lease: A Fallacy. It Doesn’t Exist.
"It's just ordinary lease stuff," Frank said. After a short pause, he continued, "At least, I think it is." Frank had just been given a document entitled "Standard Commercial Lease – Net." He wasn't an unsophisticated businessman—his business had grown from him and...
Reasonable Accommodation and the Interactive Process: The ADA Requires Employees and Employers to Work Together
2010 marks the 20th anniversary of the Americans with Disabilities Act (ADA) signed into law by President George H.W. Bush. A key distinction between the ADA and other anti-discrimination laws is the requirement for employers to make “reasonable accommodation” for the...
Shallow Pockets; the Risk of Undercapitalization
Assuming your company does not have 20 billion dollars stashed away in money reserves like BP Energy, many companies risk inadequate capitalization, or what is also referred to as "thin capitalization." Inadequate capitalization generally means funding resources that...
My Partner is WHO? – Shareholder Duties and Minority Oppression
It is a nightmare scenario for any small business owner: your partner in business falls through, and you're stuck working with someone you never intended to. It could happen in a variety of scenarios. Maybe your partner decides they would rather vacation in the...
