Employment and Labor Law

Contact: Spencer Fane Britt & Browne LLP (Missouri, USA)

Noncitizen employees who are lawfully present in the United States are generally treated as U.S. citizens under the Affordable Care Act. They should therefore be considered in an employer’s efforts to comply with the ACA’s “shared responsibility” (or “play or pay”) requirement. However, employers should also be aware of certain exceptions, safe harbors, and transition rules that may apply to noncitizen employees – particularly those working on a seasonal basis.

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