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Reducing Employee Hours to Avoid ACA Obligations to Offer Coverage Violates ERISA Section 510, Class Action Alleges
Jackson Lewis P.C. July 27, 2015 "[T]he plaintiff is claiming that the employer reduced her hours of work to below that which the ACA would cause her to be a 'full-time employee.' In doing so, the defendant avoided the requirement under the ACA to offer her coverage, as well as any the corresponding penalty under Internal Revenue Code Section 4980H if she were a full-time employee. In other words, the essence of the plaintiff's claim is that by reducing her hours of employment, the employer interfered with her attainment of a right under the plan to be eligible to be offered coverage under the medical plan." [Marin v. Dave & Buster's, Inc., No. 1:15-cv-03608 (S.D.N.Y. filed May 8, 2015] |
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