Last year, the United States Supreme Court upheld the Affordable Care Act, the sweeping health care law enacted by Congress and signed into law by President Obama in 2010. Many of the most important provisions of the law were scheduled to become effective in 2014, but recent developments have delayed implementation of rules, including the much publicized “play or pay” provision. This Advisory updates employers on some of the key elements of the Affordable Care Act. Continue reading “Health Care Reform: What Employers Need to Know Now”
Same-Sex Spouses—What Does This Mean for Employers?
On June 26, 2013, in United States v. Windsor, the United States Supreme Court found unconstitutional Section 3 of the Defense of Marriage Act (“DOMA”). Section 3 of DOMA prohibited the federal government from acknowledging marriages between same-sex spouses. Following Windsor, the federal government may no longer distinguish between same-sex and opposite-sex marriages; however, Windsor does not require individual states to acknowledge same-sex marriage and states presently appear free to define marriage as they wish. At the time of the Windsor ruling, twelve states and the District of Columbia recognized same-sex marriages. Because the definition of “spouse” and “marriage” impact a variety of human resource issues, including, FMLA obligations, COBRA continuation coverage, consents to beneficiary designations in 401(k) plans, and other employee benefit plan coverage issues, the Windsor ruling left many unanswered questions for employers. Continue reading “Same-Sex Spouses—What Does This Mean for Employers?”
On September 12, a bill that would increase California’s minimum wage passed the California Legislature and was sent to Governor Jerry Brown for his signature. Governor Brown has expressed support for the bill, stating, “This legislation is overdue and will help families that are struggling in this harsh economy.” Continue reading “California’s minimum wage expected to increase”