Drawing on Guercio & Guercio’s experience as general counsel and labor & employment counsel, the firm advises employers in all legal aspects stemming from the Affordable Care Act’s mandates affecting the employer-employee relationship.

Our expertise and representation includes analysis of and advice concerning reductions in the workforce, reductions in hours, labor union and collective bargaining considerations, reporting obligations, preparation for and compliance with the Employer Mandate, and legally permissible ways for employers to control ACA-related costs.

If your organization has not yet reviewed whether it is ACA-compliant, or if your organization could benefit from ACA-targeted advice from experienced labor and employment attorneys, we invite you to contact us or attend one of our upcoming presentations.

Guercio & Guercio advises employers of varying size, operational complexity, and scale on ACA compliance matters such as:

  • Compliance with the ACA’s Employer Shared Responsibility provisions (also known as Pay or Play, Employer Mandate, or 4980H)
  • Determining whether an employee must receive an offer of health insurance coverage in order to avoid penalties under the Employer Mandate
  • Minimizing potential liability for penalties under the Employer Mandate and analyzing whether an employer may:
    • reduce its workforce
    • reduce employees’ hours, and
    • obtain cheaper or alternative health insurance coverage for employees
  • Employee health coverage reporting obligations under Section 6056 of the IRS Code
  • Providing employees with legally required notice of coverage options available on the Exchange
  • Employee applications for health insurance coverage on the Exchange
  • Rules for employee health insurance eligibility and enrollment
  • The ACA’s non-discrimination protections for employees
  • The excise tax on high-cost health insurance plans (also known as the Cadillac Tax)
  • Properly identifying and classifying employees
  • Tracking and measuring employees’ hours of service
  • Choosing look-back periods and stability periods that best fit the employer’s operations
  • Labor union & collective bargaining obligations and considerations
  • Negotiating changes to employee health insurance coverage, contribution rates, and eligibility with labor unions
  • Review of current workforce and benefits arrangements
  • Drafting or revising Human Resources and Personnel documents and forms
  • Presentations to and training for Human Resources and Personnel supervisors and staff
  • Creating ACA-compliant internal policies
  • Challenging ACA penalties assessed against an employer
  • Providing ongoing legal updates and compliance alerts