Category Archives: Affordable Care Act

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Register Now! Annual Compliance/Best Practices Seminar

WHEN: May 11, 2017 8:00 a.m. – 12:00 p.m. WHERE: Sheraton Milwaukee Brookfield Hotel 375 South Moorland Road Brookfield, WI Registration and a continental breakfast will be served beginning at 7:30 a.m.  Click here to register. This COMPLIMENTARY half-day event will address the latest labor and employment topics impacting employers including: Annual Employment Law Update (including recent […]

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PROPOSED EEOC WELLNESS PLAN REGULATIONS FOCUS ON COVERAGE, INCENTIVES AND VOLUNTARINESS OF PARTICIPATION

On April 20, 2015, the Equal Employment Opportunity Commission published its proposed regulations regulating employer wellness plans under the Americans with Disabilities Act.  The proposed rules attempt to strike a balance between allowing wellness plans to offer incentives for employee participation while, at the same time, limiting incentives to defined percentages in order to prevent […]

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EEOC Challenges Employer Wellness Programs

November 13, 2014 By: Alan M. Levy and Samantha J. Wood The Affordable Care Act (ACA) has recently popularized employer wellness programs. The Department of Labor and Health and Human Services are presenting the ACA as promoting such programs by encouraging employers to offer “rewards” for participation. According to the final regulations, such “rewards” can […]

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MUCH OF OBAMACARE EMPLOYER MANDATE HAS BEEN POSTPONED TO 2016

By: Alan M. Levy Most employer mandate penalties for not satisfying Obamacare coverage requirements have now been waived until December 31, 2015. On February 10, 2014, the Internal Revenue Service filed final regulations on “Employer Shared Responsibility” under the Affordable Care Act (“ACA”), Agency Document Number 2014-03082 (official publication date January 12, 2014). The new […]

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AFFORDABLE CARE ACT NOTICES ARE DUE OCTOBER 1

By: Alan M. Levy Every employer subject to the federal Fair Labor Standards Act (“FLSA”) is obligated to notify each of its employees of health insurance coverage options effective January 1, 2014. This notice must be provided by October 1, 2013 or, if later, at the time of the employee’s hiring. The U.S. Department of […]

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FINAL REGULATIONS ISSUED FOR WELLNESS PROGRAMS PERMITTED UNDER AFFORDABLE CARE ACT

By: Alan M. Levy A major element of the Affordable Care Act (the “ACA,” a/k/a “Obamacare”) is the prohibition against denying coverage due to a pre- existing condition or otherwise discriminating in coverage, premium cost, or benefits because of an individual’s health condition. “Wellness programs” typically seek to incentivize a healthy lifestyle by rewarding organized […]

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NEW INTERIM RULES FOR ACA RETALIATION CLAIMS

By:  John E. Murray The Affordable Care Act (ACA) created a new retaliation claim for employees.  An employee can bring a claim for retaliation if they have suffered some adverse employment action because: The employee receives a subsidy to purchase health insurance; The employee provides information to an employer or a government agency regarding a […]

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SUPREME COURT FINDS OBAMACARE UNCONSTITUTIONAL

By:  Alan M. Levy In what was probably the most eagerly-awaited Supreme Court decision since Bush v. Gore, a majority of Chief Justice John Roberts and the Court’s four liberals have held that the “individual mandate” in the Patient Protection and Affordable Care Act (often called “Obamacare”) is constitutional under Congress’s taxing authority.  National Federation […]

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