- Religious accomodation in the workplace
- Equal pay and prior salary information
- I quit! How to avoid constructive discharge
- You Can't Shred Email
- Navigating Unemployment Claims
- Considering Criminal History in Pre-Employment Decisions
- Defamation Claims from Former Employees
- Mixed Motive Causation
- Requesting Accomodation: Kowitz v. Trinity Health
- Antitrust Law in Human Resources
- An Evolving Standard: Joint-Employment
- What Does At-Will Employment Mean for Employers?
- Let's Talk About Wages
- THE FLSA: CHANGES ARE COMING
- Follow Up: Obesity and the ADA
- The Importance of Social Media Policies
- Is Obesity a Qualifying Disability under the ADA?
- Retaliation on the Rise: The EEOC Responds
- What Motivates You?
- "But I thought ...
- Who’s expecting? And what is he expecting?
- Are You Still Doing Annual Performance Reviews?
- Who is Your Employee?
- The unpaid intern trap Part II
- “We’ve been the victim of a cyber-attack”
- So, a Hasidic Jew, a nun in a habit and a woman wearing a headscarf walk into your office?
- The unpaid intern trap
- Pregnancy in the workplace
- Let's talk about honesty.
- "Did You Know" Series - Part I
- Conducting an Internal Investigation
- What HR can look forward to in 2015!
- The chokehold of workplace technology
- Does your company have trade secrets?
- North Dakota Construction Law Compendium for 2014
- Does the North Dakota baby boom affect you?
- Ban the Box? Why?
- The end of the world as we know it
- Everybody has an opinion
- Changes, Changes, Changes!
- Nick Grant presents at North Dakota Safety Council's 41st Annual Safety and Health Conference
- Email impairment: A potentially harmful condition
- Are Employers Required to Give Stressed-Out Employees Time Off?
- Can you obtain a credit report when investigating employee wrongdoing?
- Can’t we just sidestep the ACA?
- Should Your Employees Telecommute? Part III
- Should Your Employees Telecommute? Part II
- Should Your Employees Telecommute?
- Proper Investigation of Employee Misconduct
- Battles in the Wellness War
- Rules are rules! Aren’t they?
- What's going on in Bismarck
- A glimpse ahead
- Obesity as a disability under the ADA – reweighing the issue
- What’s next for your business under the Affordable Care Act?
- Criminal Background Checks
- Becoming a lawyer is a process, not an event [Section 5 of 5]
- Congress Says Yes To North Slope Energy Jobs Bill
- Test Your Knowledge of Social Media Policies and Employee Discipline
- Becoming a lawyer is a process, not an event [Section 4 of 5]
- What Every Employer Needs to Know About the NLRA
- Will the 2012 Elections Make A Difference
- Where There's Smoke...
- Dress Code Etiquette: Is Casual Friday Becoming Freaky Friday
- The Next Disaster May Be Yours
- Hostile Work Environment Claims
- North Dakota Employment Law Links
- There's An App For That
- Am I a “Business Associate”? Why Should I Care?
- Do You Recognize a Cat's Paw When You See One?
- Cell Phones Can Cost a Lot, Part II
- Becoming a lawyer is a process, not an event [Section 3 of 5]
- Cell Phones Can Cost a Lot, Part I
- The Economy - What HR Professionals Need To Know
- Becoming a lawyer is a process, not an event [Section 2 of 5]
- Three New Challenges For HR Professionals
What’s next for your business under the Affordable Care Act?By: Paul Ebeltoft
Now that it has passed Constitutional muster, some folks are waiting for the November elections to determine whether Affordable Care Act penalties will survive in Congress. However, the smart money is asking what the law means for its business, planning to be prepared whichever way the political winds blow. HR Professionals will provide the information management needs to make these plans. Be sure you are among the ones who are able to do so.
Be wary. There is a lot of misinformation online and over the airwaves. What follows is a very simple review of employer responsibilities under a very complex law. Because it is complicated, use this article to get your feet on the ground, not to make any important decisions.
Affordable Care Act employer responsibilities - 101
First, the Affordable Care Act does not require any business to provide health benefits to their employees. What it does do is penalize larger employers who do not make some type of coverage available, starting in 2014.
Second, if your business has 25 or fewer employees and an average wage up to $50,000, your business may be eligible for a health insurance tax credit. Consult your lawyer or tax adviser to learn about the credit and to get help calculating your business’s average wage.
Third, if your business has the full-time equivalent of 50 employees or more, offers health coverage to its workers that pays at least 60% of covered health care expenses for the typical population and does not require any employee to pay more than 9.5% of family income for the employer offered coverage, there is no penalty at all. This is because the law finds that theses employers have provided affordable coverage.
Employer penalties - 101
Any employer with the full-time equivalent of 50 or more employees that does not meet all of the criteria in the preceding paragraph faces the potential of penalties. These penalties apply each year that the employer does not meet the criteria.
An employer subject to a penalty for not offering any coverage to its workers is not penalized until at least one employee receives a premium tax credit or a cost-sharing subsidy from the mandated insurance exchange. When that occurs, the employer’s penalty is $2000 for each employee, but the law excludes the first 30 employees in calculating the penalty. The penalty increases each year by a percentage of growth in health insurance premiums.
An employer subject to a penalty for offering coverage that fails to pay 60% of the typical population’s health care expenses or for offering coverage that costs any employee more than 9.5% of family income faces a penalty of $3000 annually for each full-time employee who chooses coverage from an insurance exchange and receives a premium tax credit. However, this penalty is capped at the amount of $2,000 per full-time employee minus the first 30 employees. Again, the penalty increases each year by a percentage of growth in health insurance premiums.
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Reprinted with permission from an article submitted for publication in the July, 2012 Southwest Area Human Resource Association newsletter.