As employment law constantly changes, the attorneys at Bean, Kinney & Korman stay up to date on the law as it develops. Our blog topics focus on those changes and what you need to know about them, ranging from severance agreements and the FLSA to social media in the workplace and recent court decisions. If you are interested in having us cover a specific topic, please let us know.

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Posts from July 2013.
July 3, 2013
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Affordable Care Act Photo (00345306).jpgOn Tuesday, July 2, the Treasury Department announced that the Obama Administration will delay the Affordable Care Act’s mandatory employer and insurer reporting requirements for another year.  These requirements will not take effect until 2015 while the Treasury Department works out new rules to help businesses navigate the complexities of the health care mandate. 

The Treasury Department similarly delayed until 2015 the assessment of penalties, also known as shared responsibility payments, for large employers that do not meet minimum standards of health care coverage under the Affordable Care Act.  Large employers are defined in the act as having an average of at least 50 full-time employees on business days during the preceding calendar year.

The postponement does not affect the individual mandate regarding coverage or the on-going development of health care “exchanges”—the government-sponsored health care marketplace where individuals and businesses will be able to shop for health care plans offered by private providers. 

July 1, 2013
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Same-Sex Marriage (00344387).jpg

Employers must take heed and review their employee benefit packages in light of the Supreme Court’s opinion, United States v. Windsor, finding that the Defense of Marriage Act (DOMA) is unconstitutional.  The opinion directly impacts employers in the 12 states, including Maryland and the District of Columbia recognizing same-sex marriage. While the impact may not be as significant in the remaining states not recognizing same-sex marriages, the changes in  federal taxation and benefits will create an additional burden for employers operating multi-jurisdictional companies, particularly for Virginia which borders with two states recognizing same-sex marriage. 

What was the Ruling in Windsor?

In a 5-4 vote the Supreme Court found that DOMA was a violation of the Fifth Amendment which protects against abuses of government.  Same-sex couples legally married will now be entitled to numerous benefits previously only afforded under federal law to heterosexual couples.  What Windsor did not do, was strike Section 2, therefore leaving intact each state’s ability to not recognize same-sex marriages performed in other states.