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ACA Still Business as Usual, Despite New Challenge to Its Constitutionality
Despite a federal judge’s Dec. 14 ruling that the Affordable Care Act (ACA) is unconstitutional, the existing law remains in effect and employers should continue to abide by it for now. The case of Texas v. Azar was brought to federal court by the attorneys general of 20 states, who argued that when Congress zeroed […]
Best Practices for Communicating Anti-Harassment Policy to a Diverse Workforce
With the current cultural emphasis on preventing workplace harassment, many employers are revising and updating their anti-harassment policies. But no matter how good your policy is, it is valuable only to the extent that you communicate it to your employees and provide them with the necessary training and resources to implement it. In 2016, the […]
Building Employee Trust with Anonymous Sexual Harassment Reports
Employee trust is one of the most important factors in handling sexual harassment complaints. Employees need to trust HR will listen to their concerns and will respond appropriately to reports of sexual harassment. Yet the EEOC notes only about 30% of employees who experienced harassment reported the harassment internally within their company. One way HR […]
ACA ‘Cadillac Tax’ Delayed to 2022
The short-term spending bill that ended the government shutdown on Jan. 22 included a small provision that again delayed the Affordable Care Act’s (ACA) “Cadillac tax,” now to 2022. So nicknamed because it targets employer-sponsored health plans with the most generous level of benefits, the Cadillac tax originally was to take effect in 2018. In […]
Employer Deadline Extended for Furnishing 2017 ACA Forms
Distribution of 2017 Affordable Care Act (ACA) Forms 1095-B or -C to your employees has been extended. As issued in Notice 2018-06, the IRS has extended the deadline from Jan. 31 to March 2. (However, the deadline to provide Forms W-2 and 1099 to employees and contract workers remains as Jan. 31.) Filing deadlines unchanged […]
Employers Unaffected by ACA Changes in New Tax Law
On December 22, President Trump signed the Tax Cuts and Jobs Act. The bill includes a provision that reduces the penalty for not complying with the Affordable Care Act’s (ACA) individual mandate to $0, effectively removing the penalty for individuals who do not have health insurance coverage after the effective date of Jan. 1, 2019. […]
IRS Quietly Prepares to Assess ACA Employer Shared Responsibility Payments
Late last week, without announcement, the IRS amended a FAQ about its planned process for assessing employer shared responsibility payments (ESRPs) under the Affordable Care Act (ACA). Previously, the document suggested that further guidance would be forthcoming, prior to notifying affected applicable large employers (ALEs) about potential penalties owed under the federal health care law’s […]
What Federal Law Says About Same-Sex Health Benefits
While same-sex marriage is now legal nationwide, some states have maintained laws allowing for civil unions or domestic partnerships, and any employers offering or adding health benefits for employees’ domestic partners should be aware of the tax treatment of these benefits. Federal distinction between ‘marriage’ and ‘domestic partnership’ In 2013, the U.S. Supreme Court struck […]
Solid Recordkeeping Charms Court in COBRA Case
Picture this: You terminated an employee, and mailed him or her a COBRA election notice, but the notice apparently got lost in the mail. Now your ex-employee is suing you for failing to inform him or her of their COBRA continuation rights. Is there anything you can do to prove a COBRA notice was sent to them? […]
IRS Continues to Enforce Affordable Care Act
The IRS recently released an information letter indicating that the IRS continues to enforce the Affordable Care Act (ACA). Dated June 30, Letter 2017-0010 was sent to a member of Congress who reached out to the IRS at the request of a constituent, a tax-exempt entity concerned it may owe an employer shared responsibility payment […]
ACA Awaits Repeal or Repair
ACA Update on October 13, 2017: Trump Announces two Changes to ACA After his electoral win in November, President Donald Trump, buoyed by Republican majorities in the House and the Senate, vowed to act quickly to repeal and replace the Affordable Care Act (ACA). Pres. Trump has now been in office for a month, and […]