Tag: Affordable Care Act (ACA)

How Pandemic, Political Shifts have Affected Affordable Care Act

Pandemic-related and political shifts regarding Section 1557 of the Affordable Care Act (ACA), the part that prohibits employer discrimination, have occurred over the last few years. Read on to learn what you need to know about (1) long-haul COVID-19 and disability discrimination and (2) the Biden administration’s approach to gender discrimination.

Latest Supreme Court ACA Ruling Preserves Status Quo for Employers

In what is being called a signal to foes of the Affordable Care Act (ACA), the U.S. Supreme Court’s latest ruling on the health care law preserves the status quo for employers. In a 7-2 decision, the Court found the states challenging the ACA’s legality in California v. Texas did not have standing to bring […]

District Court Finds Entire ACA Unconstitutional

A federal district court ruled that the entire Affordable Care Act (ACA) is unconstitutional because Congress’ recent repeal of the individual mandate penalty undermined the U.S. Supreme Court’s rationale for upholding the law in 2012.

Discrimination Against Breastfeeding Employee Leads to Jury Verdict

With the passage of the Affordable Care Act (ACA), federal law required employers with more than 50 employees to provide breastfeeding employees a private location, other than a toilet stall, where they can express breast milk in privacy. And, of course, the Pregnancy Discrimination Act (PDA) has prohibited discrimination “on the basis of pregnancy, childbirth, […]

IRS issues guidance on opt-out payments for affordable ACA plans

by Ajay Gogna The IRS recently issued guidance on the application of various provisions of the Affordable Care Act (ACA) to employer-provided health insurance coverage, including guidance on how employer offers of “opt-out” payments to employees are treated for purposes of determining whether healthcare coverage is affordable. Analysis of the guidance The ACA requires applicable […]

Avoiding snares in workplace wellness programs

by David L. Johnson Encouraged by health insurance companies, workplace wellness programs have become trendy. Wellness programs help prevent disease and encourage employees to adopt healthier lifestyles. What could possibly go wrong? Well, wellness programs involve biometric screenings, medical questionnaires, and health risk assessments. If the information is in the hands of a third party […]

EEOC issues final regs governing wellness

by Sara Anne Quinn Many employers use wellness incentive programs to encourage their employees to lead healthy and active lifestyles. Wellness programs often include questionnaires or health assessments that request employees’ private health information. Although the programs are explicitly allowed under federal laws like the Health Insurance Portability and Accountability Act (HIPAA) and the Affordable […]

Beyond maternity leave: employers’ duties to returning mothers

by Michelle Dougherty With the recent emphasis on the Pregnancy Discrimination Act (PDA)  regarding employers’ affirmative duties to pregnant employees, it is important for employers to remember that they also have obligations when employees return to work after childbirth. Specifically, under the Fair Labor Standards Act (FLSA) and the Affordable Care Act (ACA), employers have […]

breastfeeding

Break time for nursing mothers: legal requirements and lactation policies

by Jodi R. Bohr Although employers’ obligation to provide breaks for nursing mothers is not new (it took effect with the March 23, 2010, signing of the Affordable Care Act (ACA)), I’ve recently been presented with many questions about what the law requires. From the questions, I’ve realized two things: (1) Employers still do not […]