Question: The final employer mandate regulations for the Affordable Care Act have been released, but can we count on everything being finalized?
Answer: It’s not a simple answer. Those final regulations have been released. However, they have brought up some issues. For example, the 220-page final regulations include a paragraph that raises a question over who is the common law employer — staffing firms or staffing buyers? Comments in a recent Staffing Industry Daily News story indicate the wording appears to refer only to professional employer organizations and not temporary staffing suppliers, but still it remains to be resolved.
Overall, the ACA has seen several changes since it became law, such as the delay in the employer mandate. It doesn’t seem the final, definitive last word on the legislation will come for a while.
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