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O-Care Regs Define Fulltime As 30, 35, 40 Hours

From the Washington Examiner:

Confusing Obamacare regs define 30-hour week as 40 hours

By Paul Bedard | MARCH 27, 2014

The administration is confusing and frustrating businesses and lawmakers with new Obamacare regulations that define full-time as working just 30 hours, but sometimes rely on the traditional 40-hour week and even a new and unheard of standard of 35 hours in guidance to employers facing a maze of requirements.

Congressional officials and business leaders, for example, cited to Secrets IRS guidance issued in February. That 227-page package, they said, appears to set two standards: 30 hours for hourly workers, and 40 hours for salaried workers even though the law requires employers to offer healthcare to those who work 30 hours or more, or pay a fine.

In the section discussing how to calculate hours worked, IRS guidance states: “For employees paid on a non-hourly basis (such as salaried employees), an employer may calculate the actual hours of service using the same method as for hourly employees, or use a days-worked equivalency crediting the employee with eight hours of service for each day for which the employee would be required to be credited with at least one hour of service, or a weeks-worked equivalency whereby an employee would be credited with 40 hours of service for each week for which the employee would be required to be credited with at least one hour of service.”

It gets more confusing in a Treasury fact sheet explaining the so-called employer mandate: “To avoid a payment for failing to offer health coverage, employers need to offer coverage to 70 percent of their full-time employees in 2015 and 95 percent in 2016 and beyond, helping employers that, for example, may offer coverage to employees with 35 or more hours, but not yet to that fraction of their employees who work 30 to 34 hours.”

And this is an example of how just one regulation is causing so much confusion for the private sector. And there are now more than three pages of regulation for every page of the original Obama-Care law. The interpretation of which is going to cause more havoc than interpretations of the Koran.

A key House aide working the Obamacare hourly issue said, “At best, this is evidence of how clunky and confusing this portion of the law is when even administration folks are using multiple definitions; at worst, this is evidence that the administration is trying to transition away from a 40-hour work week. In either case, this isn’t the result of hurried legislation, but the product of four years of carefully drafting regulations. That should be disconcerting to us all.”

You can put us in the camp that believes it is a backdoor way to transition us away from a 40 hour work week. After all, there are paintings to paint, and poetry to write.

House Republicans hope to clear up the issue with a vote as early as next Thursday to set 40 hours as the law’s standard for a full-time job…

And how far will that get with Harry Reid running the Senate? Besides, who the hell does the House think they are? Obama-Care is the Law Of The Land. It can’t be changed.

This article was posted by Steve Gilbert on Friday, March 28th, 2014. Comments are currently closed.

2 Responses to “O-Care Regs Define Fulltime As 30, 35, 40 Hours”

  1. Right of the People

    Why don’t we define full time based on the amount of work the O-hole does in a week, I’d love a 5 hour work week.

  2. canary

    Maybe the pen is going to write a rule employers must have 70% of their employers working fulll time “30 hours” by 2015 and 95% working full time starting in 2016 and there after.

    “for example, “may” offer coverage” means employers may if they want, but aren’t enforced “yet”? until 2015 and 2016.

    So, there was some “click click click” going on it because they thought the pen already signed the changed, and the “click click clickers” did the best they could do.




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