By

Steve Theising
On Tuesday, the U.S. District Court for the Western District of Louisiana issued a preliminary injunction against the implementation of the Centers for Medicare and Medicaid Services (CMS) vaccine mandate for healthcare workers. This decision comes on the heels of a similar preliminary injunction issued Monday by the U.S. District Court for the Eastern District...
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The Internal Revenue Service (IRS) recently issued a notice (Notice 2018-6) that extends the due date for furnishing required Affordable Care Act (ACA) forms to individuals and employees until March 2, 2018.  Previously, the deadline to furnish individuals with their 2017 Form 1095-B (Health Coverage) and 1095-C (Employer-Provided Health Insurance Offer and Coverage) was January...
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Although often considered an afterthought, insurance requirement provisions are one of the most critical topics to be addressed in a commercial contract. A well-drafted insurance requirement provision can help a party decrease the risk associated with a particular project, or shift the consequences of that risk to another party.  Moreover, even the most stringently worded...
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Nationwide, employers’ potential exposure to the Affordable Care Act’s (ACA) employer penalties, which apply if an applicable employer fails to offer adequate, affordable coverage, could reach $31 billion for 2016 according to a new report from Accenture, a global management consulting firm.  This exceeds previous Congressional Budget Office projections that non-compliant employers would face $21...
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The Indiana Court of Appeals recently granted a church’s petition to rehear a breach of contract case and reaffirmed its previous ruling against a church that had failed to carry out the terms of its lease with its landlord. In Randy Faulker & Associates, Inc. and Randall W. Faulkner v. The Restoration Church, Inc., 41A01-1506-PL-706,...
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Employers should be aware that on May 11, 2016, President Obama signed the Defend Trade Secrets Act (DTSA) into law (modifying 18 U.S.C. §§ 1831, et seq.)  The provisions of the DTSA became effective immediately, but only apply to a misappropriation of trade secrets occurring on or after the DTSA’s effective date. Many states, such...
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The Affordable Care Act (ACA) has seen a number of challenges since its passage in 2010. In continuing this trend, the Supreme Court of the United States heard oral arguments on the latest challenge to the law at the end of March, this time from the Little Sisters of the Poor. At issue was the...
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Congress has approved, and President Obama has signed, a sweeping spending package that would delay or suspend the Affordable Care Act’s “Cadillac tax,” medical device tax, and health insurance tax. The changes are generally seen as a significant blow to the ACA – one that could embolden those seeking to further undercut the health law. The spending...
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On October 1, 2015, Congress passed the Protecting Affordable Coverage for Employees (PACE) Act. PACE repeals the mandated expansion of the definition of “small employer” under the Affordable Care Act from 50 to 100 employees. Previously, the Affordable Care Act had included a provision changing the definition of a “small employer” from 50 or fewer...
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The 7th Circuit Court of Appeals, which includes Indiana, recently ruled that a purchaser of a retail auto parts business was a “successor employer” of the previous owner and, as a result, was required to make higher unemployment benefit contributions (See D & D NAPA, Inc. v. Unemployment Insurance Appeals of the Indiana Dept. of...
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