Unraveling the Ruling
Deep Legal Basis Used
To Knock Out AHP Rule
The federal court ruling effectively nullifying an expansion of how association health plans can be created has been the subject of much discussion in recent days. To no one's surprise, a considerable amount of wind has been expended on the politics of the ruling, too. A deeper look at the true legal basis for the judge's actions, however, show he stayed completely out of the political weeds and applied pure regulatory and existing law in arriving at the decision.
ETC Partner Alicia Haff unravels it for you here.
IRS Continues Enforcing ACA
With New Round of Penalty Letters
For the 2015 and 2016 tax years, the IRS has been using Letter 5699 to notify employers it suspects of being an ALE that did not distribute and file Forms 1094-C/1095-C. The IRS appears to be relying on the number of Forms W-2 filed to identify potential ALEs.
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Keeping Employers Out of the Penalty Box
Applicable Large Employers (ALEs) have now learned exactly how serious the IRS was that they comply with the Section 4980H of the Affordable Care Act, (AKA the employer mandate) as the infamous IRS 226J letters arrived in employer's mailboxes during the past many months.
Joint Employment Rules
Revision Proposed by DOL
The U.S. Dept. of Labor announced a proposed rule on April 1, 2019 to revise the rules regarding joint employment under the Fair Labor Standards Act (FLSA). Joint employment is when two or more entities share responsibility (liability) for employees. The Notice points out that there has been no meaningful change in the regulation since 1958 and that the previous administration attempted change at a sub-regulatory level..
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