Tag: Affordable Care Act (ACA)

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 […]


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 […]

More penalties under ACA? The cost of failure to file went up

by Jamie Brabston As employers prepare to comply with the upcoming information-reporting requirements of the Affordable Care Act (ACA), which remain in place after the Supreme Court’s decision in King v. Burwell, Congress snuck higher penalties for failing to meet those requirements into a trade bill. House Resolution (HR) 1295, known as the Trade Preferences […]


ACA’s ‘Cadillac tax’ is looking more like a ‘Toyota tax’

by Brandon Long For several years now, employers have spent a great deal of time focusing on the Affordable Care Act’s (ACA) play-or-pay mandate. Numerous articles have been written and numerous educational seminars have been given discussing issues such as who is subject to the mandate, what the definition of a full-time employee is, and how […]

ACA and the full-time workweek: a change on the horizon?

by Marianne Clendenen Among the many changes to employment policy and practice wrought by the Affordable Care Act (ACA), perhaps none is currently as hotly contested as the definition of “full-time employee” and the correlating “workweek.” Congress is considering amending the ACA to change what’s considered a “workweek” from 30 hours to 40 hours per […]

New HHS website provides tips for accommodating lactating employees

by Kate DeForest A lesser-known provision of the Affordable Care Act (ACA) requires employers that are covered by the Fair Labor Standards Act (FLSA) to provide a private area for mothers to nurse or express breast milk during the workday. The U.S. Department of Health and Human Services (HHS) is making the requirement known with […]

EEOC weighs in on employer wellness plans

by Kelly Smith-Haley January is here, which means diet, exercise, and wellness resolutions aren’t far behind.  And, like many of us, the EEOC has “wellness plans” on its list of 2015 New Year’s resolutions.  The Chicago branch of the EEOC recently filed its third action alleging that an employer-sponsored wellness program violates the Americans with […]