In my travels and presentations to various employer organizations around the country, I'm finding a great deal of misunderstanding concerning one of the more pressing aspects of the Affordable Care Act (or Obamacare) - the so called "employer shared responsibility" provision. Also referred to as the "employer mandate" and the "pay or play provision", this aspect of the ACA poses two distinct types of penalty exposure to affected employers (generally those that employ at least 50 full time and full time equivalent employees). It’s extremely important to clarify that these penalties represent EXPOSURE, first and foremost; and only become actual payable penalties if specific action is taken by EMPLOYEE(s).
So let's examine the 2 penalty exposures and more importantly how each is triggered...
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