I posted on this topic already, on October 15th, and suggested two situations where an employer could be in violation against the new nondiscrimination laws of PPACA; by paying a higher contribution level for highly compensated employees and having a shorter new-hire waiting period for highly compensated employees. Even though I have seen no definitive statements on the matter, I thought I should post my opinion on both matters — from further thought and research.
I think that if an employer pays a higher contribution level of the premium for highly compensated employees that the employer will be in violation of the new law. Also, I think that if an employer has a shorter new-hire waiting period for highly compensated employees then they will be in violation of the new law. That is just my opinion, so take it for what it is worth. But, I would be surprised if rulings came out different then what I have stated.