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Documents on Labor And Employment, Health Care
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|Round 2: DOL Wins Right to Change Home Health Care Exemption|
W. David Paxton; Gentry Locke Rakes & Moore, LLP;
August 28, 2015, previously published on August 2015Until recently, the Department of Labor (DOL) interpreted the Fair Labor Standards Act (FLSA) to exempt from minimum wage and overtime pay those persons who provided “companionship services” (to the aged or infirm)  or were “live-in” domestic workers,  regardless who...
|The Affordable Care Act’s Reporting Requirements for Carriers and Employers (Part 5 of 24): Reporting of Health Reimbursement Arrangements under Code § 6055 (Spoiler Alert: You Are Not Going to Like This One)|
Alden J. Bianchi; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
August 19, 2015, previously published on August 19, 2015As we reported last week, the IRS recently issued draft 2015 Instructions for Forms 1094-C and 1095-C. These instructions are of interest to applicable large employers who must report their compliance with the Affordable Care Act’s (ACA) rules governing employer shared responsibility. At the...
|It’s Time to Stop Reimbursing Employees on a Tax-Free Basis for Individual Health Insurance Premiums|
Susan Richards Salen; Rees Broome, PC;
July 30, 2015, previously published on July 14, 2015Prior to the Affordable Care Act (“ACA”), employees of small employers1 which did not offer group health insurance benefits has to find expensive individual health plans. In order to compete with large employers and to offer employees with some health insurance benefit, many of these...
|U.S. Supreme Court's Same-Sex Marriage Decision & Its Potential Impact on Employers|
Christopher R. Fontan, Lane W. Staines; Brunini, Grantham, Grower & Hewes, PLLC;
July 30, 2015, previously published on June 27, 2015In a historic decision on Friday, June 26, 2015, the United States Supreme Court recognized a fundamental right for same-sex couples to marry throughout the country. In a 5-4 opinion, authored by Justice Anthony Kennedy, the Court held that both the Due Process and Equal Protection Clauses of the...
|Pregnancy Protections Under Illinois Law|
Debra Stegall; Heyl, Royster, Voelker & Allen Professional Corporation;
July 29, 2015, previously published on Spring 2015Effective January 1, 2015, the Illinois Human Rights Act ("IHRA") was amended, by Public Act 98-1050, to include pregnancy as a protected class of individuals that may not be discriminated against by employers with one employee or more. These new rights and obligations must be understood...
|Supreme Court Rules in King v. Burwell|
John P. Doyle, Randall B. Weill; Preti, Flaherty, Beliveau & Pachios, LLP;
July 28, 2015, previously published on June 25, 2015Today, the U.S. Supreme Court ruled 6-3 in the King v. Burwell case to uphold federal subsidies in the states where the federal government is operating the insurance Marketplace under the Affordable Care Act. The majority ruled that the literal interpretation of the provision in question did not...
|Medical Residents Held Subject to FICA|
Pessin Katz Law P.A.;
July 13, 2015, previously published on July 2, 2015In the case of University of Texas System v. U.S., 759 F.3d 437, (2014) the U.S. Supreme Court on April 27, 2015 declined to review a decision of the U.S. Fifth Circuit Court of Appeals which, affirming the district court, held that medical residents working for the University of Texas System were...
|Health Care Subsidies Upheld|
Autumn G. Long; McGrath North Mullin & Kratz, PC LLO;
July 3, 2015, previously published on Second Quarter 2015Today, in King v. Burwell, the United States Supreme Court voted 6-3 to uphold the availability of subsidies provided by the Affordable Care Act (“ACA”) in federal Exchanges. This ruling means that, for most employers, the threat of ACA penalties is a reality.
|Children With Special Needs May Receive Medicaid Coverage for Home Care Despite Parents' Assets|
Ryan W. Barry; Chambliss, Bahner & Stophel, P.C.;
June 23, 2015, previously published on June 2015If you have a child with special needs who requires an institutional level of care that can be provided in your home instead of in a hospital or other institution, the Katie Beckett Medicaid Waiver program may allow you to keep your child at home, even if you think that your assets are too high to...
|Two District of Columbia Agencies Will Enforce New Protections for Pregnant Workers|
Alta M. Ray, Teresa Burke Wright; Jackson Lewis P.C.;
June 8, 2015, previously published on June 3, 2015The District of Columbia Office of Human Rights (OHR) and the District of Columbia Department of Employment Services (DOES) announced on June 1, 2015, a joint effort to investigate and enforce the Protecting Pregnant Workers Fairness Act of 2014 (“PPWFA” or “Act”). An...