Monday, February 10, 2014

If you have 100 employees and you want to reduce your workforce to fit in the 50-99 category, you must prove to the IRS why you fired personnel.

Last night on The Kelly File hosted by Megyn Kelly on Fox News, Judge Andrew Napolitano pointed out Obamacare guidelines that may make it impossible for a business, even non-union businesses, to fire employees without IRS approval.  How is this even constitutional?  Where are the  Republicans on this?

Under the rules, employers must offer coverage to employees in 2014 and must offer coverage to dependents as well, starting in 2015. The new rules apply to employers that have at least 50 full-time employees or an equivalent combination of full-time and part-time employees. A full-time employee is a person employed on average at least 30 hours a week. And 100 half-time employees are considered equivalent to 50 full-time employees. Thus, the government said, an employer will be subject to the new requirement if it has 40 full-time employees working 30 hours a week and 20 half-time employees working 15 hours a week.

1 comment:

  1. Fox News never ceases to amaze me with the amount ot total and absolute BS they trumpet. See http://www.irs.gov/uac/Newsroom/Questions-and-Answers-on-Employer-Shared-Responsibility-Provisions-Under-the-Affordable-Care-Act which says:

    "34. Is additional transition relief available for employers with at least 50 but fewer than 100 full-time employees (including full-time equivalents)?

    Yes...In order to be eligible for the relief, an employer must certify that it meets the following conditions:

    (2)...During the period beginning on Febr. 9, 2014 and ending on Dec. 31, 2014, the employer may not reduce the size of its workforce or the overall hours of service of its employees in order to qualify for the transition relief. However, an employer that reduces workforce size or overall hours of service for bona fide business reasons is still eligible for the relief."

    Hire & fire at will. Nothing is stopping you. Just don't go apply to the IRS for an exemption unless you can demonstrate that it's justified.

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