Beginning in 2015, certain employers that fail to offer affordable health insurance that provides minimum value to their full-time employees and their dependents may incur substantial Employer Shared Responsibility penalties under the Affordable Care Act (“ACA”). We previously wrote about the importance of properly classifying workers as employees or independent contractors to assure ACA compliance
Health Care Reform
Look Beyond the ACA Wellness Regulations When Designing Your Program, EEOC Sues Employer Over Its Program
The EEOC could sue my company over the wellness program that is part of our medical plan?
Yes, that agency recently sued an employer in Wisconsin claiming the penalty the employer imposed for nonparticpation in its program was too significant, causing the medical inquiries under the program to be involuntary for purposes of the Americans…
Affordable Care Act Employer Penalties – Another Reason to Make Sure Workers are Properly Classified as Employees or Independent Contractors
Beginning next year, an applicable large employer that does not offer affordable minimum value group health coverage to its fulltime employees (and their children up to age 26) will be vulnerable to employer shared responsibility penalties under Internal Revenue Code §4980H. Whether an employer is an “applicable large employer” depends on its number of fulltime…
Employer Action Item – Health Care Reform

Under the Patient Protection and Affordable Care Act, beginning in 2015, certain large employers who do not offer affordable health insurance that provides minimum value to their full-time employees may be subject to significant penalties. Please refer to our article titled “Health Care Reform: Employers Should Prepare Now for 2015 to Avoid Penalties” …
Dueling Decisions in the 4th and D.C. Circuit Courts of Appeals Spell More ACA Uncertainty for Employers
Just as employers are gearing up to prepare for compliance with the Shared Responsibility rules under the ACA, a pair of decisions from two federal appeals courts has thrown a curve ball into what was already a complicated assessment of risk for employers and raised new questions.
The U.S. Court of Appeals for the District…
Getting Ready for 2015: How Government Contractors, Health Care Reform, and the Family Medical Leave Act Intersect
It’s summer now, mid-year 2014. Open enrollment for the 2015 health plan year is just around the corner. . .
We want to make sure that all employers are ready. We want to ensure, as well, that government contractors specifically understand the intersection of the Service Contract Act (SCA) with other federal laws.
To be…
SUPREME COURT RULES THAT ACA’S CONTRACEPTIVE MANDATE VIOLATES RELIGIOUS FREEDOM
Last week the Supreme Court ruled, 5-4, in Burwell v. Hobby Lobby Stores, Inc., et al., that closely held corporations cannot be required to provide contraceptive coverage as mandated by the Affordable Care Act (ACA) because the requirement violates the Religious Freedom Restoration Act of 1993 (RFRA). At issue in the case were regulations …
Wellness Program Update: EEOC is Planning to Issue Proposed Regulations to Address ADA, GINA Issues
In May, the Equal Employment Opportunity Commission (EEOC) announced that it intends to issue proposed regulations addressing health plan-based wellness programs. According to the EEOC’s announcement, the guidance is expected to address the following items:
- Does title I of the Americans with Disabilities Act (ADA) allow employers to offer financial inducements and/or impose financial penalties
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Remember ERISA Basics: SPD and Eligibility
During the past 14+ years practicing employee benefits law, I’ve seen many changes, not the least of which has been the Affordable Care Act (ACA). However, with all of the recent changes flowing from the ACA, it is important not to forget some very basic and long-standing aspects of plan compliance, design, drafting and…
DOL Proposes Changes to Model Notices and Procedures
The Department of Labor (DOL) has published proposed regulations containing amendments to the COBRA notice provisions. The amendments are intended to align the model general and election notices with the Affordable Care Act provisions already in effect and to ensure that the DOL will have flexibility to modify the model notices going forward.
The proposed…


