December 4, 2012

From Bloomberg BNA, Benefits Practice Resource Center

by Florence Olsen

Employers should begin identifying their part-time employees now, well in advance of a Jan. 1, 2014 deadline, after which employers that hire seasonal or variable-hour employees must pay an excise tax penalty or offer those employees health insurance if they qualify as full-time employees under the Affordable Care Act, an attorney said during a November 27 conference.

Between now and the end of 2012, employers should be meeting with their attorneys or advisors to establish procedures for answering the important question of whether those employees are full time or part time, said attorney Henry Talavera, a shareholder at Polsinelli Shughart in Dallas.

"It's really critical for advisers and for clients to start tackling these issues,"said Talavera during a teleconference sponsored by the American Bar Association's Joint Committee on Employee Benefits.

To read the full article, click here

Reproduced with permission from:

Pension & Benefits Daily, 39 BPR 2297 (Dec. 4, 2012).

Copyright 2012 by The Bureau of National Affairs,

Inc. (800-372-1033) <>

About Henry Talavera

Henry Talavera is a member of the Employee Benefits and Executive Compensation practice group. Henry has a broad-based, comprehensive practice which involves all areas of employee benefits law. He advises public, private, and tax-exempt employers on the design, implementation, and administration of all types of welfare plans and tax-qualified retirement plans (including defined benefit, 401(k), 403(b) and 457(b)). Henry has substantial experience working on executive compensation and employment agreements, including equity compensation and deferred compensation arrangements for partnerships. Henry represents clients before the IRS and U.S. Department of Labor with respect to employee benefit plan audits and voluntary correction procedure filings, and drafting and negotiating terms of merger and acquisition agreements. Henry also has extensive experience counseling clients with respect to Federal health care and related laws impacting an employer’s medical plans, including, but not limited to, HIPAA privacy.
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