2013 n NO. 1
Your Digest of Legal News for the Industry
Published for members of the American Staffing Association
Administration Releases
Proposed Employer Regulations
Under Health Care Reform
ASA issue paper addresses key issues
The Obama administration issued pro- posed regulations Dec. 28, which
provide official guidance on the employer provisions under the Affordable Care Act.
“Variable Hour” Employees
ASA has published a new issue paper that
examines the provisions of the regulations
of particular interest to staffing firms. For
example, how the “look-back” rule will apply
to new “variable hour” employees; the new
“break-in-service” rules; the common law
status of staffing firms (and why it matters);
and the proposal to allow businesses to determine their coverage and penalty obligations on
a “disaggregated” basis. Here is a summary of
the key points covered in the issue paper.
The ability of staffing firms to
use a 12-month look back to define
who is a full-time employee instead
of the one-month definition under the
statute should substantially reduce the
penalty exposure of most staffing firms.
But there are technical aspects of the rules
that could pose significant compliance and
enforcement challenges, especially with
respect to newly hired employees. The new
hire rules apply only to variable hour employees and while most new employees assigned
by staffing firms should satisfy this definition,
not all will.
Continues on page 6
NEW! ASA Health Care Reform Resources Online
ASA has created a valuable collection of
resources online. The site provides one-click
access to various resources—all focused on the
Affordable Care Act and its effect on staffing
companies. Visit americanstaffing.net/
healthcarereform today.
Inside
Size Standard for Temporary Help
Services Increases for Small Businesses
Page 8
OH Supreme Court Provides Additional
Tax Guidance
Page 10
Don’t Miss the 2013 ASA Staffing
Law Conference
Page 15
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