Employment Law Watch

Our Executive Compensation & Employee Benefits colleagues John D. Martini, Rachel Cutler Shim, Dennis R. Bonessa, and Kaitlin A. McKenzie-Fiumara recently wrote a client alert regarding the U.S. Supreme Court's decision in National Federation of Independent Business v. Sebelius, upholding the constitutionality of the Patient Protection and Affordable Care Act of 2010 (the “ACA”).  The Supreme Court, by a vote of 5 to 4, with Justice Roberts siding with the more liberal justices, upheld the constitutionality of the ACA, including the controversial individual mandate. However, in what was an unexpected turn of events, the Supreme Court did not find the individual mandate constitutional as an exercise of the Commerce Clause, instead finding the individual mandate permissible as a valid tax, with Justice Roberts writing in the majority opinion, "Such legislation is within Congress's power to tax."

To read the entire Client Alert, please click here.