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Third-Party Staffing Arrangements and 'Offers of Coverage by Unrelated Employers'
Mintz Levin Link to more items from this source
[Guidance Overview]
Sept. 4, 2014
"With two seemingly simple and straightforward definitions in the final regulations implementing the [ACA's] pay-or-play rules -- i.e., definitions of 'employer' and 'employee' -- the Treasury Department and IRS have raised a host of concerns for third party staffing arrangements.... Both definitions adopt the 'common law' standard. In so doing, there is no evidence that the regulators intended to change prior law. But unwittingly or otherwise, the preamble to the final regulations provides ample evidence that the industry's view of these terms is at odds with that of the regulators."

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