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View Diary: Wendy's franchise cutting worker hours to avoid Obamacare, despite backlash to other chains (149 comments)

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  •  my understanding... (7+ / 0-)

    When this topic was discussed earlier (Denny's, etc., cases), I followed the links to the legislation.

    My understanding is this:

    - Under ACA, it matters whether you are a big employer or not, with a big employer being one with more than 50 FTE employees. An employer with 100 half-time or 200 quarter-time would count as one with 50 FTE.

    - However, the big employer only has to provide the health benefits (or pay the $2000) for employees working full-time, which is defined. (IIRC, it is 30 hours.)

    So an employer with one full-time Big Boss, and maybe some other full-time managers, but no other employees working more than 30 hours a week, would have to give health benefits to the Big Boss and the full-time managers but not to the part-timers. They wouldn't have to pay $2000 per FTE, either.

    But I could be wrong.

    •  Section from ACA (8+ / 0-)

      This is the section I had in mind:

      (E) Full-time equivalents treated as full-time employees
      Solely for purposes of determining whether an employer is an applicable large employer under this paragraph, an employer shall, in addition to the number of full-time employees for any month otherwise determined, include for such month a number of full-time employees determined by dividing the aggregate number of hours of service of employees who are not full-time employees for the month by 120
      This is from 26 USC 4980H, which can be found here:
      •  So ---- we make ACA our FAIR TRADE (2+ / 0-)
        Recommended by:
        grasshopper, deep h20


        We only buy FAIR TRADE.

        We only buy from firms that meet ACA providing the insurance.

        It's similar to Fair Deal after WW II. Similar idea.

        Easy to do, bottom up.

        "We have done nothing to be ashamed of. We have nothing to apologize for." NRA 12/14/2012

        by bontemps2012 on Wed Jan 09, 2013 at 04:05:18 AM PST

        [ Parent ]

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