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PPACA 90-DAY WAITING PERIOD REQUIREMENTS: NEW PROPOSED REGULATIONS The Patient Protection and Affordable Care Act ("PPACA") prohibits group health plans from requiring a waiting period of longer than 90 days following the date that the plan's eligibility requirements are met. For a business, the first step to compliance under the Affordable Care Act ("ACA") is to determine whether the business is an "applicable large employer" obligated to provide minimum essential, affordable coverage with minimum value to its full-time employees. The number of employees who may utilize Family and Medical Leave Act leave to care for their adult children with disabilities is likely to increase under a recent interpretation of the FMLA issued by the Wage and Hour Division ("WHD") of the U.S. Department of Labor in January, 2013. The U.S. Department of Labor Office of Federal Contract Compliance Programs ("OFCCP") has announced a new initiative to scrutinize employers' use of criminal histories during pre-employment background checks for possible systemic discrimination.
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