Know about discriminatory practices to avoid. Federal employment discrimination law does not prohibit employers from requesting or obtaining criminal history information about applicants and employees. However, an employer’s use of such information could result in a claim of discrimination.
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For many employers, performance evaluations have become obsolete and for others they still exist, but only as a small part of a much grander process. Unfortunately, the annual performance evaluation by itself seldom provides any benefit, is often dreaded by managers and employees alike, and can be incredibly time consuming.
HIPAA rules require group health plans to provide special enrollment opportunities to certain employees, dependents, and COBRA qualified beneficiaries. Being aware of special enrollment situations is important, along with making sure special enrollment rights are communicated.
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Malware ramps up, hacktivist sentenced, mortgage docs exposed, router hijacking and more.
As you may have seen in various media reports on Friday, December 14, 2018, a federal district court in Texas ruled that the entire Affordable Care Act (ACA) was unconstitutional. Does that mean employers can stop working on their 2018 1094C/1095C reports, ignore employer-shared responsibility penalty notices from the IRS, and start kicking adult children and individuals with pre-existing health conditions off their health plans? Not just yet.
As many employers work feverishly through open enrollment for the 2019 plan year, it’s important not to forget about every benefit professional’s other favorite year-end activity — 1094C/1095C reporting! The end of the individual mandate penalty in 2019 does not change an employer’s 1094C/1095C reporting obligations for 2018 when the individual mandate was still in effect. More importantly, the information reported on the 1094C/1095C forms relates primarily to the employer mandate (also known as the Employer Shared Responsibility Penalty or ESRP) which is not going away.
The ESRM is the Employer Shared Responsibility Mandate, introduced by the Affordable Care Act, and is now fully implemented. This article is for you if your company is newly subject to the ESRM or if you are new to the ESRM.
In the time since we published an article on the Cadillac Tax in November of 2017, the Cadillac Tax has been delayed again. This time, as part of the spending bill signed January 22, 2018, the Cadillac Tax has been delayed until 2022.
It’s that time of year — unfortunately. Many employers hoped that efforts to dismantle the Affordable Care Act (ACA) earlier this year would mean they would no longer have to worry about 1094C/1095C reporting. But the repeal efforts failed, the ACA remains the law of the land, and now it’s time to start working on the 2017 ACA reports.
The Affordable Care Act’s (ACA’s) employer shared responsibility penalties (a/k/a “play or pay” penalties) were initially supposed to be effective starting in 2014, but the Obama administration delayed the effective dates and has not actually attempted to collect these penalties. Many people questioned whether they ever would, especially given the change in administration after last fall’s election. But that is apparently about to change.
The Cadillac Tax is set to go into effect in 2020, after having been delayed by Congress a few years ago. What should employers do now? Estimate your exposure to the Cadillac Tax using reasonable assumptions, look for ways to minimize or delay the exposure, make incremental changes and prioritize large changes where feasible. This can put you in a good position for facing and responding to the Cadillac Tax.
Changes to the Affordable Care Act (ACA) could still happen but are becoming increasingly unlikely this year. Therefore, employers need to take charge of their health plans and ensure they address rising costs under the current framework. While there are plenty of possible strategies that exist, working with an advisor can ensure you find the best strategy that fits with your culture, is compliant, and does the best job to reduce or mitigate costs.
As we previously reported, the American Health Care Act (AHCA) is the House Republican leadership’s legislative vehicle to begin the process of repealing and replacing the Affordable Care Act (ACA or ObamaCare). Progress on the AHCA came to a halt at the end of March when it became clear the bill did not have enough votes to pass the House and the scheduled vote on the bill was cancelled. However, House Republicans continued negotiations on the bill and after a couple of key amendments won over enough Republican representatives to pass the bill on May 5th.
The American Health Care Act (AHCA) was intended to be the primary vehicle for Republicans to fulfill their campaign promises to “repeal and replace” the Affordable Care Act (ACA). (Click here to read our previous summary of the AHCA.) But those plans came to a screeching halt on Friday, March 24 when the Republican leadership cancelled the scheduled vote on the AHCA by the full House and withdrew the bill from consideration.
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