A class action lawsuit filed in the Southern District of New York could be the next test case for how far employers may go to avoid penalties under the Affordable Care Act.
The lead plaintiff is Maria Marin of Queens, who, according to the suit that was filed in May, works at the Times Square Dave & Buster's, a national restaurant chain with 72 stores in 30 states.
The suit claims Marin's hours were reduced to avoid complying with a provision in the Affordable Care Act that requires that employers provide health insurance. It accuses the company of violating the Employee Retirement Income Security Act, which prohibits employers from interfering with a worker's right to benefits, such as health insurance.
The Affordable Care Act mandates that employers insure all full-time employees, defined as those working more than 30 hours per week, or pay a penalty for each uninsured worker.