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ACA Countdown to Compliance for Employers: ERISA Section 510 and Limiting Employee Hours
Mintz Levin Link to more items from this source
[Guidance Overview]
May 28, 2014
"Capping the hours of an ongoing employee during a standard measurement period would result in the withdrawal of coverage or at least eligibility for coverage. These individuals 'are or may become eligible for a benefit ... from an employee benefit plan,' i.e., they are participants for ERISA purposes. If the employee can demonstrate that the reason an employer imposes a 1,560 hour (or some similar) cap is to reduce exposure for penalties under Code Section 4980H, it would seem that the employee would have little difficulty establishing the requisite level of interference required to state a claim under ERISA Section 510."

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