Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Federal Healthcare Employer Mandate Delayed: Now What?

By Kevin Adler
August 02, 2013

With a one-year reprieve from the implementation of the employer mandate under the Affordable Healthcare Act (ACA; www.healthcare.gov/law), announced by the Obama Administration in early July, franchisees and small franchisors can breathe a sigh of relief. Over the next few months, they will not have to determine if they are covered by the employer mandate, select an insurance plan, and figure out which employees are covered ' nor will they have to set aside funds to pay penalties if they choose not to offer insurance. The delay was first announced by Mark Mazur, assistant treasury secretary for tax policy, on his blog on July 2 (see, “Continuing to Implement the ACA in a Careful, Thoughtful Manner,” Treasury Notes, and then formally announced by the IRS on July 9 'see, “Affordable Care Act Tax Provisions,” IRS.gov). However, the one-year delay is not a repeal of ACA, so the question for business owners is how can they use the upcoming year most effectively to prepare for the law.

Attorneys and employee-benefits experts say that the delay will have positive effects for business owners, but they caution that the time should not be wasted. “For small-business owners, such as franchisees, the delayed implementation of the employer mandate is good news,” says Stephanie Vasconcellos, an associate with Neal Gerber & Eisenberg in Chicago. “It gives them time to implement systems for tracking employees and hours and to research how to purchase cost-effective health insurance for full-time employees.”

Many firms are still only in the early stages of planning for the mandate, says Vasconcellos, and they were going to struggle to meet the requirements by Jan. 1, 2014. “These companies didn't have many options for healthcare and were looking at purchasing from the largest plan sponsor in their area,” she says.

Read These Next
Major Differences In UK, U.S. Copyright Laws Image

This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.

The Article 8 Opt In Image

The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.

Legal Possession: What Does It Mean? Image

Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.

The Stranger to the Deed Rule Image

In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.