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BT Currents - Hot Topics in Employment Law

05 Dec The Employer Mandate Is Almost Here. Is Your Company Ready?

In less than a month from now, all employers in the United States that employ more than 100 full-time equivalent employees will need to offer affordable coverage to their employees or risk potential fines under the Affordable Care Act.   While employers already should be geared up to address these issues, below is a primer for those employers who have procrastinated or have opted to stick their heads in the sand hoping in vain that this will just go away:   The deadline for large…

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10 Jul Proposed Legislation Introduced to Override Hobby Lobby Ruling

  Yesterday, Senator Democrats introduced proposed legislation known at the Protect Women’s Health from Corporate Interference Act (Act) in an effort override the U.S. Supreme Court’s Hobby Lobby decision, which was previously discussed in our June 30th Alert.   The Act would reinstate the Affordable Care Act’s contraceptive coverage obligations imposed on employers, requiring employers to provide such health insurance. The Act specifically is targeted at the Supreme Court’s 5-4 Hobby Lobby decision, which held closely-held companies (those that are family-owned or have a limited…

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04 Apr Both Sides Face Tough Questions As The Supreme Court Hears Oral Argument Regarding the Contraceptive Mandate

On March 25, 2014, the U.S. Supreme Court heard the long-awaited oral argument in Sebelius v. Hobby Lobby Stores and Conestoga Wood Specialties Corp. v. Sebelius.  In both cases, for-profit employers argued that the contraceptive mandate under the Patient Protection and Affordable Care Act violated their religious beliefs as protected by the Free Exercise Clause of the First Amendment and the Religious Freedom Restoration Act.  In contrast, the government argued that for-profit corporations cannot exercise religion and therefore cannot challenge the mandate on religious grounds….

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21 Feb The University of Notre Dame Asks The Seventh Circuit to Enjoin The Contraception Mandate

On Feb. 12, 2014 the Seventh Circuit Court of Appeals held an oral argument in University of Notre Dame v. Sebelius. In this argument, the university asked the Seventh Circuit to reverse a district court decision denying the university’s request to enjoin the application of the contraception mandate in the Affordable Care Act. Several other courts, including the U.S. Supreme Court, have enjoined the application of the contraception mandate while the courts consider whether the mandate violates employers’ constitutional rights. We discussed these earlier decisions in…

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20 Nov Useful Online Guide To Keeping Tabs On The ACA

Many employers have spent the last several years trying to understand the intricacies and nuances of the Affordable Care Act. The various delays in the roll-out, which have been underscored in recent weeks with the problems associated with the launch of the website, have done nothing to quiet the air of uncertainty that surrounds the Act. Further, while the delay of the employer mandate last summer provided a temporary respite, this also has only added to the growing number of headaches employers face in keeping…

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