No answer on legality of cutting hours under ACA: Dave & Buster’s settles ERISA suit

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If you were hoping a court ruling on a recent ERISA lawsuit involving Dave & Buster’s would offer some clarity into whether it’s legal to cut employees’ hours to avoid having them count as full-time employees under the ACA, you’re going to be disappointed.

After trying — and failing — to get a high-profile lawsuit dismissed, Dave & Buster’s agreed to pay $7.425 million to settle the suit, which accused the restaurant and entertainment chain of illegally cutting staffers’ hours to prevent them from receiving healthcare benefits.

If the court approves the settlement terms, it will bring to

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