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Dave and Busted? Reductions in Employee Work Schedules May Not Negate Employer's ACA Health Coverage Mandate
National Law Review Feb. 16, 2016 "The court found that the complaint 'sufficiently and plausibly' alleged enough facts to support a possible finding that Dave & Buster's intentionally interfered with the plaintiffs' rights to receive benefits under the company's health plan. The court noted that the complaint referenced specific e-mails and other communications that the plaintiffs allegedly received when their work schedules were reduced, as well as public statements by senior executives and disclosures in the company's securities filings, which overtly explained that the workforce management protocols were instituted to thwart the potential impact of the ACA on the company's bottom line." [Marin v. Dave & Buster's, Inc., No. 15-3608 (S.D.N.Y. Feb. 9, 2016)] |
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