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Legal Alert: White House Extends Transition Relief for Non-Compliant Plans through 2018

On February 23, 2017, the White House announced a one-year extension to the transition policy (originally announced November 14, 2013 and extended several times since) for individual and small group health plans that allows issuers to continue policies that do not meet ACA standards.  This transition policy has now been extended to policy years beginning on or before October 1, 2018, provided that all policies end by December 31, 2018.  This means individuals and small businesses may be able to keep their non-ACA compliant coverage through the end of 2018, depending on the policy year.

Legal Alert: President Trump Issues Executive Order on the Affordable Care Act

President Trump moved swiftly after taking office on Friday, issuing an Executive Order intended to minimize the economic and regulatory burdens of the Affordable Care Act (“ACA”).  The order is somewhat symbolic and has no immediate effect on employers, many of whom are in the process of complying with the ACA’s onerous reporting requirements (Forms 1094 and 1095), which are not rescinded by the order.

Legal Alert: Judge Blocks Overtime Set to Take Effect December 1

On Tuesday, November 22 a federal judge issued a nationwide injunction blocking the U.S. Department of Labor (“DOL”) from implementing its new overtime rule scheduled to take effect December 1, 2016.  The rule would have affected approximately 4 million executive, administrative and professional (“EAP”) employees, making them eligible for time-and-a-half pay for all hours worked in excess of 40 per week if their salary is below $913 per week ($47,476 per year).  The new threshold would have doubled the current threshold of $455 per week ($23,660 per year).

HR Alert: White Collar Exemption Preliminary Injunction

Yesterday, U. S. District Judge Amos Mazzant out of Texas issued a nationwide preliminary injunction against the Department of Labor’s (DOL) white collar exemption increase. The final rule to the Fair Labor Standards Act was issued May 18, 2016 to take effect December 1, 2016.  Raising the nation’s White Collar exemption salary threshold for the first time since 2004, from $455 per week/$23,660 to $913 per week.

Legal Alert: Post-Election Returns: What Now for Obamacare?

The votes have been counted and Donald Trump is the president-elect and Republicans control Congress.  Among the many questions around the proverbial watercooler is what now for “Obamacare”?  While it is impossible for anyone to predict the future, we undertake to make a short, best guess about the future of the Affordable Care Act (“ACA”). 

As a candidate, Mr. Trump repeatedly vowed to “repeal and replace” the ACA.   So, the first question is, inevitably, will the ACA be repealed and, if so, what will replace it?

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