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

When Anything Less than 95% is a Failing Grade: An Update on the Employer Shared Responsibility Penalties

As a reminder, effective January 1, 2016, employers must offer minimum essential coverage to 95% or more (up from 70% or more for 2015) of their full-time employees and their dependents each month or pay a very steep penalty....more

Supreme Court Decides Not to Decide on Latest Challenge to ACA Contraceptive Coverage

The Supreme Court in a unanimous opinion remanded Zubick v. Burwell — and the six cases consolidated with Zubick — back to the Courts of Appeals to rule on the contraceptive opt-out notice provisions. The Court directed the...more

Are You Still Reimbursing Premiums For Your Employee’s Individual Healthcare Insurance? Then You’d Better Read This!!

In the past, many employers (especially smaller companies) have offered to pay their employees’ premiums for individual healthcare insurance instead of sponsoring their own group health plans. With the advent of the...more

OSHA Changes to Recordkeeping Rules Will Make Injury and Illness Data Public; Restricts Post-Incident Drug Testing and Safety...

Claiming that it will “nudge” employers to focus on safety, the Occupational Safety and Health Administration (OSHA) has issued a final rule which updates the way it collects, and employers report, workplace injury and...more

Refresher Course on Affordable Care Act Individual and Employer Penalties For Not Having Health Insurance

Even though penalties for failure to comply with Affordable Care Act (ACA) coverage requirements have been in force since January 1, 2014 for employers with 100 or more full-time equivalent employees and January 1, 2015 for...more

OSHA To Require Public Disclosure of Workplace Injuries and Illnesses

OSHA recently announced a final rule to improve tracking of workplace injuries and illnesses. Under the new rule, employers will be required to submit injury and illness data to OSHA on an annual basis for posting on OSHA’s...more

Affordable Care Act: Understanding Employer Notices From the Marketplaces

The Affordable Care Act (ACA) established Health Insurance Marketplaces (also called Exchanges) where individuals can shop and enroll in health coverage. Individuals who meet certain criteria are eligible for premium...more

FDA Talks Generic Drugs: A Look at the Generic Drug Approval Process from the Agency’s Perspective

So you’re preparing an abbreviated new drug application submission… what could possibly go wrong? The Food and Drug Administration responds: Let us count the ways… However, much of it can be avoided if one merely knows where...more

OSHA Issues Final Rules for Online Posting of Injury and Illness Data, Discouraging Retaliation

The U.S. Occupational Safety and Health Administration (OSHA) has issued final regulations that permit the agency to post employer injury and illness data online, and also prohibit employers from discouraging workers'...more

OSHA To Post Employer Injury Data Online, Will Require Employers to Submit Logs Electronically

Seyfarth Synopsis: New OSHA final rule requires employer to submit data electronically, to be posted on the OSHA website. On May 12, 2016 the Occupational Safety and Health Administration published the final rules...more

OSHA’s New Electronic Accident Reporting Rule Seeks to Dramatically Impair Post-Accident Drug and Alcohol Testing

Many thousands of employers implement post-accident drug and alcohol testing policies to promote workplace safety, as part of accident investigation efforts and in the hope of reducing workplace accidents and workers’...more

Moving Workplace Injury and Safety Reporting Into the Digital Age: Electronic Reporting Requirements For OSHA Data

On May 11, 2016, the Occupational Safety and Health Administration finalized its 2013 proposed rule aimed at improving tracking of workplace injuries, increasing transparency and encouraging employees to report violations. ...more

OSHA Issues Final Rule Requiring Electronic Injury and Illness Reporting

In an attempt to modernize reporting and data collection, OSHA has released its final rule requiring employers in certain industries to electronically submit injury and illness data to OSHA. These requirements do not add to...more

OSHA Update: OSHA Announces Drastic New Recordkeeping and Retaliation Rule

On May 11, 2016, OSHA announced the issuance of a final rule regarding recordkeeping. The new rule will require certain employers to electronically submit their injury and illness records to OSHA on an annual basis....more

Updated HSA Limit

This week, the IRS issued Revenue Procedure 2016-28, which updated the plan limits for health savings accounts and high deductible health plans. These limits, effective for 2017 calendar years, were virtually unchanged from...more

Have You Reviewed your Employee Handbook for Affordable Care Act Compliance?

Even though the first year of the Affordable Care Act’s employer mandate is in effect and fully phased-in, it has been our experience that few employers have bothered to review their employee handbooks to reflect the ACA. ...more

As Retaliation Claims Rise, Employers Face New Challenges Under Employment, OSHA and Health Care Laws

As we discussed in a recent webinar, employers are facing an increased risk of defending a retaliation complaint as administrative policy changes and expansive federal laws make asserting these claims easier for employees....more

New Affordable Care Act FAQs Released on Rescissions of Coverage, Preventive Care Mandate, Out-of-Network Emergency Service...

The U.S. Department of Labor, the Department of Health and Human Services, and the Department of the Treasury (collectively, the “Departments”) have jointly issued a new set of answers to frequently asked questions about the...more

Late Or Incorrect Forms 1095-C: The IRS Provides Relief, But Only For Employers Acting In Good Faith To Comply Or Who Missed The...

Many employers struggled to furnish correct Forms 1095-C to employees by the March 31, 2016 deadline. Section 6721(a)(2) of the Internal Revenue Code provides penalties for failure to furnish Forms 1095-C to individuals by...more

Manatt on Health Reform: Weekly Highlights - April 2016

Oklahoma proposes Medicaid coverage for 175,000 currently uninsured; a report finds State-based Marketplaces boost Medicaid enrollment growth rates; and CMS issues a final rule on mental health parity in Medicaid and CHIP....more

Recent Government-Issued FAQs Clarify ACA Employer Mandate, Market Reforms

Notice 2015-87 (the Notice) provides recent government guidance on the Affordable Care Act (ACA) employer mandate and market reforms. The Notice contains 26 frequently asked questions (FAQs) from the Internal Revenue Service...more

Federal Circuit Clarifies Scope of Personal Jurisdiction in Hatch-Waxman Cases

On March 18, 2016, a panel of the Federal Circuit issued its decision in Acorda Therapeutics Inc. v. Mylan Pharms. Inc. and AstraZeneca AB v. Mylan Pharms. Inc., holding that Mylan is subject to specific personal jurisdiction...more

FEHC Issues Mandates for Employers with California Employees - New rules for harassment, discrimination and retaliation policies...

New mandates issued by California's Fair Employment and Housing Council (FEHC) for harassment, discrimination and retaliation policies take effect on April 1, 2016. These rules set new standards for how employers must comply...more

ACA Reporting: IRS Deadline of March 31 Looms for Applicable Large Employers

Applicable large employers have new reporting requirements under the Affordable Care Act (ACA). Whether an employer is an applicable large employer is determined each calendar year by looking at the employer's workforce...more

ACA Suit Challenging Reduction in Hours Allowed to Proceed

Many employers are still working to catch up to and understand the new requirements of the Affordable Care Act (ACA) – including the IRS, which has announced automatic extensions to certain reporting requirements for this...more

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