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Will Dave & Buster's ACA Employer-Mandate Plan Design Land It in Hot Water with ERISA?
Under the Affordable Care Act (ACA), employers with 50 or more full-time, or full-time equivalent, employees on business days during the previous calendar year are required to offer qualified health care coverage, which meets minimum value and affordability standards to their full-time employees. These employers are referred to as applicable large employers (ALEs). If these ALEs fail to comply with these ACA requirements, often referred to as the “employer mandate,” then the employer may be faced with significant penalties. As such, employee counts and categorizations in employer organizations are critical under the ACA, and whether the employer mandate is satisfied.
In response to the ACA's employer mandate, and the potential penalties associated with compliance with the employer mandate, many companies, such as Dave & Buster's, reorganized their workforces, including trimming their full-time staffs, and moving toward a part-time workforce. Pursuant to the ACA, this is permissible, as long as the employee count, including the full-time equivalent employees, is still taken into account in determining ALE status. Under the employer mandate, a qualified offer of insurance does not have to be made to a part-time employee, only to a full-time employee.
The Facts of the Case
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Major Differences In UK, U.S. Copyright Laws
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
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
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.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?
Legal Possession: What Does It Mean?
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.