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Obamacare Mandate: Anyone Who Works 30-Hour Week Is Now 'Full-Time' (hiring effects)
cnsnews ^ | October 18, 2012 | Matt Cover

Posted on 10/23/2012 3:11:31 PM PDT by NYer


President Obama signs the Democrats’ health care bill into law in the East Room of the White House on Tuesday, March 23, 2010.

CNSNews.com) – A little-known section in the Obamacare health reform law defines “full-time” work as averaging only 30 hours per week, a definition that will affect some employers who utilize part-time workers to trim the cost of complying with the Obamacare rule that says businesses with 50 or more workers must provide health insurance or pay a fine.

“The term ‘full-time employee’ means, with respect to any month, an employee who is employed on average at least 30 hours of service per week,” section 1513 of the law reads. (Scroll down to section 4, paragraph A.)

That section, known as the employer mandate, requires any business with 50 or more full-time employees to provide at least the minimum level of government-defined health coverage to those employees.

In other words, a business must provide insurance if it has 50 or more employees working an average of just 30 hours per week, which is 10 hours per week fewer than the traditional 40-hour work week.

If an employer has 50 or more "full-time employees" and does not offer health insurance, it must pay a penalty per employee for each month it does not offer coverage.

The obscure provision recently reemerged in regulations issued by the IRS for how employers must account for which workers are full-time and which ones are not.

Business Inventories

(AP Photo/Mark Duncan, File)

Under these standards, published in September, employers can choose a “look-back” period of between 3 and 12 months to measure if an employee has worked an average of 30 hours per week.

If an employee has worked 30 hours per week during this time, the person would count as a full-time employee for at least the next six months, regardless of how much they work, thus preventing employers from cutting hours to avoid the mandate.

In other words, an employer calculates the hours an employee works during at least a three-month period, determining if they employee has worked 30 hours or more per week on average.

If the employee meets the 30-hour threshold, they are counted as full-time for at least six months. If the employer has at least 50 such employees, he must provide them with health insurance or pay a fine.

The IRS regulations do not apply to seasonal or temporary workers, only to regular employees.


TOPICS: Business/Economy; Culture/Society; Front Page News; Politics/Elections
KEYWORDS: obamacare

1 posted on 10/23/2012 3:11:31 PM PDT by NYer
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To: NYer

Then companies will downsize to 28 hours a week.


2 posted on 10/23/2012 3:13:56 PM PDT by stephenjohnbanker ((God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.))
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To: NYer

Vive La France. Now more people will be out of work. Probably mostly women...many who prefer to work less hours to have more time with their kids.


3 posted on 10/23/2012 3:15:47 PM PDT by An American In Dairyland
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To: NYer

Its going to be hard to find a job with more than 28 hours a week.... I guess this is the jobs s plan of Obama, job sharing?


4 posted on 10/23/2012 3:23:48 PM PDT by GeronL (http://asspos.blogspot.com)
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To: stephenjohnbanker

6 hours a day is full time? As a 69 year old, that grates. 50 to 60 hours were standard back in the day and rarely did anyone complain. No overtime (nobody knew what that was) and we were “unaware that we were being taken advantage of” by our employers. It seems our government has lost sight of what used to be called a work ethic.


5 posted on 10/23/2012 3:24:38 PM PDT by Straight8
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To: stephenjohnbanker

Lefties just don’t get it, do they?
People are not chess pieces and they WILL change their behaviors and actions in order to avoid the pain of liberal policies.


6 posted on 10/23/2012 3:26:09 PM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: MrB

Obama will just keep going until 16 hours a week is considered full time to achieve his agenda. I’ve never such lack of common sense in the liberal idiots we see today. I think they are going to have to have their world implode into itself and they are going to have go through omecreal hard times until they figure out Obma is using them as pawns and doesn’t give a $hit aboutvthem at all.


7 posted on 10/23/2012 3:32:45 PM PDT by jsanders2001
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To: GeronL
Its going to be hard to find a job with more than 28 hours a week.... I guess this is the jobs s plan of Obama, job sharing?

Unions have been shooting for this for years. Now, they can push for overtime for anything over 30hrs

8 posted on 10/23/2012 3:36:03 PM PDT by digger48
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To: Straight8

Indeed.


9 posted on 10/23/2012 3:36:22 PM PDT by stephenjohnbanker ((God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.))
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To: MrB

Correct.


10 posted on 10/23/2012 3:36:56 PM PDT by stephenjohnbanker ((God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.))
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To: NYer

jeez, have the new head of the HHS just change the mandate!


11 posted on 10/23/2012 3:37:05 PM PDT by InvisibleChurch (the mature Christian is almost impossible to offend)
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To: jsanders2001

What the naive and gullible liberals haven’t figured yet is that Obama is not their sugar daddy but their pimp and he is going to ride them hard later to suck as much out of them as he does the middle class. It ain’t going to be perty...


12 posted on 10/23/2012 3:39:46 PM PDT by jsanders2001
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To: All

Solve the Problem.

Big Company X decides to get out of the HR business and only owns buildings, tools and implements to conduct business. They use multiple “employment contractors” who all hire the same individuals but the individuals work for one company at a time. So they go clock in on Monday an 9am working for Employment Company A, clock out at 12:00. Then clock back in at 1pm for Employment Company B and work until 5pm. They officially only work 20 hours a week for two different companies thereby skirting the law.

Okay, I just figured out how to trick Obamacare so pay me a million dollars.


13 posted on 10/23/2012 3:41:06 PM PDT by newnhdad (Where will you be during the Election Riots of 2012/2013?)
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To: NYer
That would explain why my days were cut from four to three.

Thanks BO.

14 posted on 10/23/2012 3:41:08 PM PDT by Harmless Teddy Bear (Fate plays chess and you don't find out until too late that he's been using two queens all along)
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To: Harmless Teddy Bear

Just received notice that I was cut, too.

My exact sentiments... thanks BO.


15 posted on 10/23/2012 3:43:28 PM PDT by Reddy (B.O. stinks)
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To: NYer
I predict that this situation will quickly change under a re-elected Obama. As a seasonal tax preparer, I KNOW that there is already a computation in the tax code that renders up a "Full Time Equivalent" (FTE) which is currently used for computing tax credits. It is roughly done by adding all hours worked by employees and then dividing that by a full-time hour count of 2,080 hours (52 weeks of 40 hours).

So, hiring a lot of part-time workers would not mitigate the ObamaCare employment rates if this change were to be matched to existing tax code. Anybody care to challenge that an intrusive government would not take such a path?

16 posted on 10/23/2012 3:43:38 PM PDT by SES1066 (Government is NOT the reason for my existence!)
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To: NYer
The 6 month look-back means the only way to "fix" the problem is to drop those employees to ZERO hours. The most valuable ones may be dropped to 28 hours and held there for 6 months (if they are willing to remain on the payroll at that reduced level of work). I expect most employers will simply be doing lots of layoffs
17 posted on 10/23/2012 3:44:49 PM PDT by Myrddin
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To: NYer

Nothing new. 4 years ago when I was transitioning to retirement I was kept on for an additional 5 months, 30 hrs per week so I would have benefits.


18 posted on 10/23/2012 3:49:24 PM PDT by NewHampshireDuo
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To: SES1066

Yep, they’ll just hire ‘seasonals’, and ‘part-timers’. They’ll work us for 40 hours a week for 9 months and then give us 14 weeks off every year.

Already been doing this for years until I got my present position, which is also not full time but isn’t seasonal.

Thanks Obama for making life suck even harder for young people.


19 posted on 10/23/2012 3:49:55 PM PDT by JCBreckenridge (Texas, Texas, Whisky)
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To: NYer
A little-known section in the Obamacare health reform law defines “full-time” work as averaging only 30 hours per week,

Another "Pass it so we can read it" moment.

20 posted on 10/23/2012 3:57:44 PM PDT by Don Corleone ("Oil the gun..eat the cannoli. Take it to the Mattress.")
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To: NYer
www.vworker.com/
21 posted on 10/23/2012 4:05:51 PM PDT by Jeff Chandler (To bid on this tagline space: www.jeffchandlerstaglinespace.com)
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To: NYer

Invest in companies that are on the leading edge in robotic, AI and automation. Theses companies are the future Apple, Microsoft etc.

These new regs will only speed the process of eliminating people from the workforce.


22 posted on 10/23/2012 4:15:15 PM PDT by Le Chien Rouge
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To: An American In Dairyland

Yep, to deal with cronic high unemployment, France made the work week 35 hours and made working overtime illegal.


23 posted on 10/23/2012 4:20:32 PM PDT by Blood of Tyrants (Never believe anything in politics until it has been officially denied.)
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To: An American In Dairyland

Yep, to deal with chronic high unemployment, France made the work week 35 hours and made working overtime illegal.


24 posted on 10/23/2012 4:22:30 PM PDT by Blood of Tyrants (Never believe anything in politics until it has been officially denied.)
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To: NYer

With that signature, he just cut American workers’ hours and take home pay.


25 posted on 10/23/2012 4:32:15 PM PDT by bgill (Evil doers are in every corner of our government. Have we passed the time of no return?)
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To: stephenjohnbanker

Look on the bright side. Those single moms struggling on two jobs will now have more time at home.


26 posted on 10/23/2012 4:35:53 PM PDT by 21twelve (So I [God] gave them over to their stubborn hearts to follow their own devices. Psalm 81:12)
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To: 21twelve

Yeah..


27 posted on 10/23/2012 4:40:22 PM PDT by stephenjohnbanker ((God, family, country, mom, apple pie, the girl next door and a Ford F250 to pull my boat.))
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To: Le Chien Rouge

“These new regs will only speed the process of eliminating people from the workforce.”

Maybe, but I think it works like this:

1) People are cut back to less that 30 hours a week and a person cannot make a living wage at those hours. They vote for more free crap and hopey changey.

2) In steps the Big Brother the FERAL Government, to lend the “Helping Hand”. Provide more handouts, provide free crap, provide more housing and subsidies and of course pass more regulations.

3) More business restrictions are implemented because big business is just evil and now the government owns more manufacturing that once made Amerika strong.

4) The sheople cheer and line up to vote for more free crap.

5) Rinse and repeat


28 posted on 10/23/2012 5:40:24 PM PDT by eartick (Been to the line in the sand and liked it)
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To: NYer

I think it’s a great idea. It’s Clovis-Piven in reverse. We’ll bankrupt Progressivism by eradicating any hope of people getting work.

Let’s make it even better, and any employee of 2 or more companies who works 30 hours or more gets their Obama care payed by all of their employers.


29 posted on 10/23/2012 5:52:55 PM PDT by Usagi_yo
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sfl


30 posted on 10/23/2012 6:22:09 PM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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sfl


31 posted on 10/23/2012 6:22:41 PM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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sfl


32 posted on 10/23/2012 6:23:21 PM PDT by phockthis (http://www.supremelaw.org/fedzone11/index.htm ...)
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To: NYer

Another fine example of the result of government having a say in what businesses do beyond things involving the protection of individual rights. And we all know that the government will not in any way, shape or form suffer the consequences of this latest edict, and will probably use said consequences to pass another edict.

Anyone care to bet on how many “we need government involvement in business” types will get even a hint of a clue now?


33 posted on 10/23/2012 7:07:42 PM PDT by RWB Patriot ("My ability is a value that must be purchased and I don't recognize anyone's need as a claim on me.")
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To: NYer

Wasn’t this the reason Darden Company(?) said they were cutting all their “part-time” employees to less than 28 hours? I recall reading something here a couple weeks ago about it.

Searched for it but this was all I could find:

http://articles.orlandosentinel.com/2012-10-07/business/os-darden-part-time-workers-20121007_1_darden-restaurants-health-insurance-olive-gardens

It’s already started.


34 posted on 10/23/2012 8:59:30 PM PDT by snuffy smiff (Socialism is the philosophy of failure, the creed of ignorance, and the gospel of envy.)
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To: Le Chien Rouge
Invest in companies that are on the leading edge in robotic, AI and automation. Theses companies are the future Apple, Microsoft etc.

But without working people, who's going to do the buying?

35 posted on 10/23/2012 10:46:15 PM PDT by Bellflower (The LORD is Holy, separated from all sin, perfect, righteous, high and lifted up.)
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To: Bellflower

Governor Moonbeam had an answer to that - less jobs, more unemploymnet, more welfare. Now what is he still smoking?


36 posted on 10/24/2012 2:32:16 AM PDT by Fred Hayek (The Democratic Party is the operational wing of CPUSA.)
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To: Straight8

I don’t get it, I am only one year younger than you at 68 but I never worked all those hours without overtime pay, at least not after reaching adulthood. Growing up on the farm we didn’t know there was a difference between living and making a living, we just stayed busy and when I entered the Navy straight out of high school I was guaranteed sixty nine whole dollars a month starting pay and the Navy owned me for that.
I received my honorable discharge and entered the civilian work force in 1965 and I worked more than forty hours sometimes but I was always paid for the overtime hours. The longest hours I ever worked on an hourly paid job came after I had shut down the business I had run for twenty years and went back to work for a corporation in an effort to obtain medical insurance for my wife. I worked over sixty hours many weeks and once hit ninety hours. This was all within the past ten years.
Did you have an “exempt” job way back when? Is that why you didn’t get overtime?


37 posted on 10/24/2012 6:53:52 AM PDT by RipSawyer (Free healthcare is worth FAR LESS than it costs.)
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To: RipSawyer

Out here in flyover country we never heard of overtime. When I went to work for UPS in i971 was the first time I had ever heard of overtime.


38 posted on 10/24/2012 1:19:24 PM PDT by Straight8
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To: Straight8

Flyover country? I was born five days before the D-Day invasion of Normandy and I was born a mile down a clay road from the nearest two lane blacktop which I thought was an expressway. The first time I saw a town of five thousand I thought I was in a huge city. I literally joined the Navy to get out from behind a mule and I danged sure heard of overtime long before 1971. In fact I heard of overtime long before I ever heard of UPS.
My father worked as a carpenter back in the fifties and he never worked more than forty hours a week because the contractor didn’t want to pay overtime. Paid overtime or not I didn’t hear of anyone back then working the kind of hours I worked in 2003. I probably worked more hours in ‘03 than I had ever worked in a year before in my life. I never pulled sixteen hour shifts before that year. I’m not complaining though, when I took the job they asked me how I felt about overtime and I told them the more the better.


39 posted on 10/24/2012 6:55:42 PM PDT by RipSawyer (Free healthcare is worth FAR LESS than it costs.)
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