How the ACA Applies to Contingent Workers

Question:  What are the ACA rules surrounding offering benefits to the contingent workforce, and how do most employers approach the issue? Compliance Team Response:   The “contingent workforce” category generally breaks down into three practical groups that each require a separate analysis: Employees on the Employer’s Payroll Employees Hired Through an Outside Staffing Firm Properly […]

FAST Blog List by Q2 2019

Welcome to Compliance Friday Answers to the Service Team (FAST)! Each Friday we publish our response to a question that the ABD Compliance Team received from a client or member of the EB Service Team. These represent the most frequently asked (or interesting) questions we see. We post all of our FAST responses on the […]

California and New Jersey HSA State Income Tax

Question:  Which states tax HSAs at the state income tax level, and how does that affect employers? Compliance Team Response: General Rule: HSAs are Triple-Tax Advantaged HSAs offer an unparalleled three tiers of federal tax savings: Pre-Tax Contributions Employee contributions through payroll are made on a pre-tax basis through the Section 125 cafeteria plan Employee […]

Annual PCORI Fee Deadline Coming July 31st

PCORI – An ACA Fee That is Nearing the End If you have a calendar year self-insured medical plan, 2019 will be the last year that you will need to pay PCORI fees.  Non-calendar year plans with plan years ending between January and September 2019 will have one more payment due in 2020. The fee […]

Massachusetts Delays Payroll Tax and Notification Requirement

Massachusetts has announced a three-month delay to the new Massachusetts Paid Family and Medical Leave (PFML) law tax.  Payroll contributions are now scheduled to begin October 1, 2019. What is Staying the Same Beginning January 1, 2021, employees who meet certain financial requirements (have earned at least $4,700 during the last four completed calendar quarters, […]

How ACA Affects Flex Credits

Question:  What are some of the main compliance considerations for employers that are implementing a flex credit contribution approach? Compliance Team Response: Flex credits are a feature available under a Section 125 cafeteria plan for employers to provide a defined contribution amount that employees may allocate among various qualified benefits. Employers enjoy a considerable amount […]

ACA Employer Mandate and Outside Staffing Firms

Question:  How does the ACA employer mandate apply to workers hired through an outside staffing firm? Compliance Team Response: ACA Employer Mandate: Applies to Common-Law Employees The ACA employer mandate rules apply only to an employer’s common-law employees. ACA Employer Mandate: Workers Payrolled Through an Outside Staffing Firm Full-time workers hired through an outside staffing […]