Skip to comments.Treasury: Employers must “self-attest” that ObamaCare not behind staffing decisions under penalty
Posted on 02/11/2014 10:31:22 AM PST by SeekAndFind
Old and busted: Businesses will love ObamaCare for its cost savings in health care! New hotness: Businesses had better not make staffing decisions based on cost savings from ObamaCare-fueled price spikes! After its latest delay in implementing the employer mandate, the Obama administration rebuffed criticisms that the law incentivizes employers to shift to part-time work by announcing the Treasury Inquisition — ahem, excuse me, the Treasury Attestation Department:
The latest announcement comes after the administration heard from businesses about their concerns with the looming ObamaCare rules. However, the change is sure to raise more questions about the health and implementation of the law. Fewer workers getting insurance through their employers could mean more individuals on the ObamaCare exchanges seeking subsidized coverage, increasing the cost to taxpayers.
Some lawmakers, though, have claimed that the mere threat of the employer mandate is causing companies to shed full-time workers in the hope of keeping their staff size below 50 and avoiding the requirement.
Administration officials dispute that this is happening on any large scale. Further, Treasury officials said Monday that businesses will be told to “certify” that they are not shedding full-time workers simply to avoid the mandate. Officials said employers will be told to sign a “self-attestation” on their tax forms affirming this, under penalty of perjury.
Officials stressed that the latest reprieve applies to a relatively small percentage of employers — albeit companies that employ millions of workers.
Er … exactly what gives Treasury the authority to demand that kind of pledge, anyway? The law only mandates that employers provide coverage for full-time employees, a status defined by working 30 or more hours a week. It doesn’t contain any authority for Treasury or anyone else to force current full-time employees to stay in that status, nor for the federal government to dictate ratios of full-time/part-time staff.
Gabriel Malor wondered the same thing:
On what statutory authority Treasury is relying for the certification requirement? http://t.co/qK3kXzK4GK pic.twitter.com/gHS7TbNcYK
— Gabriel Malor (@gabrielmalor) February 11, 2014
The Obama administration is big on self-attestation, huh? Just ask the Little Sisters of the Poor. They’ve certainly gotten the “bully” part of the bully pulpit in mind these days at the White House.
This seems an opportune time to revisit F. A. Hayek and The Road to Serfdom about the nature of command economies, and the nature of governments that impose them. Hayek supported social insurance programs, but warned that crafting them or anything else in the nature of a command economy would not just guarantee economic failure, but increasing lawlessness, arbitrariness, and tyranny from the government that imposes it as it gets desperate to avoid failure. That cycle appears to be fast-tracked with ObamaCare at Treasury.
My friend Scott Johnson at Power Line recalls the argument well in a rebuttal of a recent column from E. J. Dionne:
As I say, I guess its too difficult to actually read Hayeks Road to Serfdom, or his more complete Constitution of Liberty, to see what his argument actually was, so easier just to go with Judts comic book version instead. In both of his great books, Hayek endorses the principle of social insurance (and even a mandate for everyone to buy health insuranceegad*), but is concerned with the tendency toward making social insurance programs into redistribution programs. Wowcrazy stuff, I know. But you can see that Judts formula that Hayek opposed welfare policies of any sort is flat wrong.
And is Hayeks broader point that centralized economic planning would lead to tyrannical government really so far-fetched? The linchpin of Hayeks argument was that the plans and desires of the statists would require the undermining of the rule of law, because steadily increasing arbitrary power is necessary for their centralized schemes to work. I wonder whether Dionne has checked in lately with the Little Sisters of the Poor? Or has taken notice of the IRS harassment of groups opposed to Obama? I wonder what he makes of Obamas unilateral executive decisions simply to suspend parts of the health care law that are politically inconvenient?
As for me, I wonder whether Scott expected his argument to be so very well validated in such a short space of time. Of course, no one expects the Treasury Inquisition …
That requirement for certification is hereby and in perpetuity waived
If there is no law, there is no certification
So what is big brother going to blame when businesses that are shrinking sign this declaration and they can’t prove otherwise?
Next thing you know, Dear Reader is going to issue us little red books, require morning calisthenics and daily chants to the 'emperor'.
Obama’s version of , Don’t Ask Don’t Tell on Obamacare
Directive 10-289, Point One:
All workers, wage earners and employees of any kind whatsoever shall henceforth be attached to their jobs and shall not leave nor be dismissed nor change employment, under penalty of a term in jail.
RE: So what is big brother going to blame when businesses that are shrinking sign this declaration and they cant prove otherwise?
I guess, unless you really want to sue in court against this rule, the best thing for an employer to do is just keep quiet.
Don’t publicly proclaim tot he world that you’re not hiring like you were before because of the onerous burden of Obamacare. Just shut up.
It’s like the almost universally well known phenomenon of AGEISM or not wanting to hire those who are currently not employed.
Everybody knows its happening but can’t prove it in a court of law.
Employers just need to follow the Obama / Clinton Model for Honesty.
Exactly right, but arbitrary power is the goal of the statists. Programs and plans are just the means to the end.
They shouldn’t have to clarify jack s*it to you.
this is the kind of tyrannical crap that begs the question; if we choose not to comply, what then, will this government start shooting us??
Heh. Posted on FR in early 2011 - Directive 10-289 - an article in Right Wing News from 2008. Rand had the left's number 1957. They are so predictable. We know what they're going to do before they do. If only we could get the GOP to clue in.
0bama needs to get out his quill pen and change the law that says working (only) 30 hours is considered A FULL TIME JOB!
Hiring would pick up the very next day...
They have to now put this in writing because it never occurred to them that businesses would make staffing decisions based on what will enable the business to stay afloat. They know NOTHING about business or human nature so must resort to fascism to force the outcome they want. This is outrageous!! Next they will be telling doctors they MUST take Obamacare patients for the pittance they are paying. God, these are awful times.
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