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Limiting Employees' Hours to Dodge the ACA's Employer Mandate Could Violate ERISA
Cozen O'Connor Feb. 26, 2016
"This case should serve as a reminder to employers that ... they must engage in a careful analysis to determine which of the following options makes the most sense given their particular circumstances: [1] Follow the employer mandate, and accept the associated costs. [2] Reject the mandate, and accept the penalty fees. While the financial exposure attendant to this option may be significant, it is predictable and finite. [3] Adjust their employee welfare benefit plans in an attempt to eliminate any contention that employees are entitled to health insurance thereunder. While this option could throw up a road block against claims like the one presented in Marin, it carries its own set of uncertainties. [4] Adjust their staffing approach to reduce the number of FTE employees covered by the mandate. As Marin illustrates, though, this option carries potentially significant litigation risk." [Marin v. Dave & Buster's, Inc., No. 15-3608 (S.D.N.Y. Feb. 9, 2016)]
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