Employment Law Update

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One-Year Delay in Play or Pay Penalties and Certain Reporting Requirements Under Affordable Care Act

You have probably heard by now that the Obama administration announced a one-year delay in the compliance date for the Play or Pay penalties (also known as shared responsibility penalties or the employer mandate) which apply to employers with 50 or more employees under the Affordable Care Act. The Government also delayed mandatory reporting that requires such employers to identify their “Full-Time” employees on a monthly basis.

All the consequences of the delay are not yet known. The Government's announcement suggests that the existing highly complex regulations used to determine Full-Time employees might be simplified. The Government promises more detail "within the next week".

The delay does not affect any other employer obligations under the Affordable Care Act. For example, the requirement to provide employees with the exchange notice by October 1, 2013 and to pay the PCORI and Transitional Reinsurance Fees continue to apply.