Employer Mandates

Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide... more +
Employer Mandates is a term commonly used to describe employer insurance obligations under the Affordable Care Act. Under the Affordable Care Act, employers with 50 or more employees are required to provide minimum essential insurance coverage to their employees or else pay statutory penalties. The concept of an employer mandate is not unique to the Affordable Care Act; many EU countries have their own versions with different and/or expanded employer obligations.  less -
News & Analysis as of

Recent Employee Benefits Developments

Amending Retirement Plans to Recognize Same-Sex Marriages Plan sponsors need to review retirement plan documents and operations to determine whether changes are needed in response to last year's Supreme Court decision in U.S....more

Key Questions Left in the Wake of the Supreme Court's Hobby Lobby Decision

On June 30, 2014, the U.S. Supreme Court held in Burwell v. Hobby Lobby Stores, Inc. et al., that the Affordable Care Act's "contraceptive mandate", as applied to "closely held corporations", violates the Religious Freedom...more

Healthcare Ethics and Compliance Program Requirements

The Affordable Care Act included a mandate that medical service providers and suppliers enact compliance programs as a condition of participating in federal health care programs. (The ACA also set a deadline of March 23,...more

Impact of the Supreme Court’s Hobby Lobby Stores Decision

On June 30, 2014, in Hobby Lobby Stores, the Supreme Court held that corporations are persons for purposes of the Religious Freedom Restoration Act (“RFRA”) and, as a result, if a corporation has a sincerely held religious...more

The Supreme Court’s Hobby Lobby Decision Carries Broad Implications for Employers

The U.S. Supreme Court this week issued its long-awaited decision in Burwell v. Hobby Lobby Stores, Inc., regarding the ability of for-profit corporations to refuse to abide by regulations that require them to provide...more

Six Reasons Why Hobby Lobby Does Not Spell “Doom” For Women

I was interviewed yesterday by Colin O’Keefe of LXBN-TV on the impact of the Supreme Court’s Hobby Lobby decision, and I did a “quick and dirty” post on the decision the day it was issued. Since that time, the decision has...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 25 (Early Edition): What Hobby Lobby Means for the Affordable...

To call the Supreme Court’s recent decision in Burwell v. Hobby Lobby Stores, Inc. much-anticipated or highly controversial is an understatement. And, to be clear, any time the Supreme Court weighs in on bed-rock...more

For-Profit Corporations Entitled to Religious Exemption from Contraceptive Mandate

On June 30, 2014, the Supreme Court decided the closely watched case Burwell v. Hobby Lobby Stores, Inc. The main question before the court was whether for-profit companies may assert religious grounds to avoid providing...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 26: Fitting a Round Peg (the Public Health Service Act 90-day...

The Departments of the Treasury/IRS, Labor and Health and Human Services (the “Departments”) recently issued a final regulation under the 90-day waiting period limitation, which is included among the Affordable Care Act’s...more

Your Company Is a ‘Large Employer’ Under the Affordable Care Act—Now What? Requirements for Coverage and Potential Penalties

The Affordable Care Act (the ACA or the Act) requires ‘‘large employers’’ (90 DLR I-1, 5/9/14) with 50 or more full-time employees to offer health insurance coverage to their eligible employees and their dependents or face...more

Is Your Company a ‘Large Employer’ Under the Affordable Care Act? Counting Employees and Assessing the Options

When the Affordable Care Act’s employer mandate kicks in, covered employers will be required to provide health benefits for employees and their dependents or they must pay a penalty. The effective date of the requirement...more

For ACA, Check Your Handbooks and Intranet

If you are like most employers, you have been diligently revising your benefits plans and working with your insurance providers to make sure your Summary Plan Descriptions comply with the Affordable Care Act. After those...more

The Affordable Care Act—Countdown to Compliance for Employers, Week 28: The Logic, Calculus, and Limits of “Skinny” Plans

It was just over a year ago that the Wall Street Journal published an article entitled, “Employers Eye Bare-Bones Health Plans Under New Law,” which highlighted a compliance strategy to minimize employer exposure for...more

Labor & Employment E-Note - June 12, 2014

In This Issue: - Unions Battle with Employers Over Covering ACA Costs - More Types of Companies Requiring Workers to Sign Non-Competes - Employers Cut Back on Benefits, Push Health Costs onto Workers - High...more

IRS Announces New Program to Audit Section 409A Compliance

Internal Revenue Code Section 409A (Section 409A) governs the federal income tax treatment of non-qualified deferred compensation and retirement plans and arrangements. Employer noncompliance in both documentation and...more

June and July 2014 Filing and Notice Deadlines for Qualified Retirement and Health and Welfare Plans

Employers and plan sponsors must comply with numerous filing and notice deadlines for their retirement and health and welfare plans. Failure to comply with these deadlines can result in costly penalties and excise taxes. To...more

50 for 50: Five Decades of the Most Important Discrimination Law Developments - Number 28: The Older Workers Benefit Protection...

In 1990, Congress amended the Age Discrimination in Employment Act (ADEA, prohibiting age discrimination for workers 40 and older) to add rules regarding the waiver of the right to sue under the ADEA. Unlike Title VII, where...more

Pay-or-Play: Think Globally

With the effective date of the “pay-or-play” employer mandate just over the horizon, employers who sponsor group health plans are well aware of the layers of complexity presented by the mandate. One of the layers that...more

EEOC Sues Wisconsin Plastics for Discrimination Against Hmong and Hispanic Employees

Workers Fired for Lacking English Skills They Did Not Need, Federal Agency Charges - GREEN BAY, Wis. - Wisconsin Plastics, Inc. (WPI), a metal and plastic products manufacturer based in Green Bay, violated federal law...more

50 For 50: Five Decades Of The Most Important Discrimination Law Developments - Number 26: Individuals Cannot Be Liable For Title...

There are all sorts of reasons why an employee would want to avoid discrimination or harassment of co-workers or direct reports, but the one which resonates the most is the potential that the employee can be found...more

Health care reform reporting requirements: Final rules

The Patient Protection and Affordable Care Act (PPACA) contains requirements for both individuals and employers related to health care coverage. In order to assure compliance with certain of these requirements, PPACA requires...more

IRS updates determination letter request forms

In December of 2013, the IRS released new final versions of the Form 5300 and the Form 5310, forms which are used by individually designed retirement plans to request a determination as to the plan’s tax qualification status....more

CMS's Final Exchange and Insurance Market Standards Impact Qualified Health Plan Filings for 2015 and Beyond

On May 16, 2014, the Centers for Medicare & Medicaid Services ("CMS") released a final rule titled "Patient Protection and Affordable Care Act; Exchange and Insurance Market Standards for 2015 and Beyond" ("Final Rule")...more

USCIS Provides Guidance on I-9 Completion for Remote Hires

By Nelsy C. Gomez – With the existing stringent rules regarding the proper and timely completion of the I-9 form, many employers still find themselves wrestling with the issue of what to do with employees who are hired and...more

Knock Knock, Who's There? The DOL Announces Renewed Focus on On-Site FMLA Investigations

In April 2014, new FMLA Branch Chief Helen Applewhaite shed some light on the DOL's current enforcement initiatives. In particular, Applewhaite reiterated the DOL's renewed focus on conducting on-site compliance...more

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