Changes in ObamaCare will require businesses to count part-time workers for coverage penalties
posted at 10:12 am on March 9, 2010 by Ed Morrissey
Much of the focus on the stalled ObamaCare effort comes from the opposition of Blue Dog Democrats to the removal of the Stupak amendment in the Senate bill, allowing for federal abortion funding if Congress fails to renew the Hyde Amendment. The rest of the attention has gone to the changes being made in a parallel bill, one that the Senate will use reconciliation to pass to resolve disputes between the House and Senate over taxation and budgeting. Those aren’t the only changes being contemplated, however, as the AP reports:
A Democratic aide says a new provision in the health care bill will require businesses to count part-time workers when calculating penalties for failing to provide coverage.
The bill originally passed by the Senate only penalized businesses for full-time workers who weren’t covered. The Senate bill is being used as the basis for a final package President Barack Obama wants Congress to pass in the next few weeks.
Very few businesses provide health-care coverage to part-time employees. Many small businesses employ part-time staff in order to keep costs down and remain flexible as demand fluctuates. People can choose, of course, whether they want to work part- or full-time by accepting or declining offers of work, just as businesses can choose (for the moment) what benefits they want to offer to make themselves competitive in the labor market.
Congress wants this change in order to head off a potential hole in their plans to impose federal coverage mandates on businesses. The original bill only required businesses to count their full-time staff to determine whether they meet the threshold for compliance and to calculate penalties, if applicable. That would have created pressure on the labor market by incentivizing businesses away from offering full-time employment, where possible. Employers would have a big reason to reclassify their positions to part time work, reducing hours for their workers, although likely by also adding staff to make up the labor shortfall.
This change in the parallel bill would have a big impact on small businesses, who already have trouble competing with their larger competitors. It will force businesses into either paying for benefit packages that they can’t afford with their current staff levels, pushing them either into cutting staff to recoup the costs or shutting their doors altogether. It will have a major impact on the part-time labor market, which supports student workers and second earners in families under normal economic conditions.
One might have expected such a significant change to get more attention. Instead, it appears that Democrats in the House are trying to sneak this one through the process in the dark. That may qualify as “open, honest government” by the standards of Nancy Pelosi, Harry Reid, and Barack Obama, but small businesses won’t like getting hoodwinked.










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And yet another reason why Obama is so “pro-business”….hey, let’s just have the gubmint take over all our businesses.
search4truth on March 9, 2010 at 10:15 AM
Psycho Killers
Qu’est-ce Que C’est
fa fa fa fa fa fa fa fa fa far better
Run run run run run run run away
Psycho Killers
Qu’est-ce Que C’est
fa fa fa fa fa fa fa fa fa far better
Run run run run run run run away
darwin on March 9, 2010 at 10:16 AM
Wouldn’t that change be in violation of the Byrd Amendment, or is it just putting the Stupak Amendment and slamming the door on mandatory abortion funding/coverage that is in “violation”?
steveegg on March 9, 2010 at 10:16 AM
Wonderful. This will really help with the underemployed rate. I hope Obama’s planning to pivot to jobs after this, because he’s gonna be up to his neck in unemployment thanks to his health care bill.
Doughboy on March 9, 2010 at 10:16 AM
Yep, its the libs “keep screwing businesses until capitalism falls” philosophy.
jbh45 on March 9, 2010 at 10:18 AM
Yep, a real nice hard pivot to jobs right after he makes the illegals naturalized citizens.
jbh45 on March 9, 2010 at 10:19 AM
Great, so the kid I have sweeping and cleaning my welding shop would have to have insurance coverage provided by me?
Good luck at your next gig, kid, I can push a broom myself for cheaper. Be sure to call PBHO and let him know how happy you are.
Bishop on March 9, 2010 at 10:20 AM
Barack Obama, the creator of millions of trillions of jobs and of successful businesses in his long and productive life, said that there’s nothing to worry about, wingnuts.
Sheesh. Get down from you church steeples and put your Bibles back in your gun racks, you pickup-driving sister-lovers.
Good Lt on March 9, 2010 at 10:21 AM
This really is a nightmare.
p0s3r on March 9, 2010 at 10:21 AM
This doesn’t sound like a pivot toward jobs.
myrenovations on March 9, 2010 at 10:22 AM
Is Obama trying to increase the unemployment rate?
This is unbelievable. I’m starting to believe that this jackass is trying to destroy the country.
NoDonkey on March 9, 2010 at 10:22 AM
I was trying to think of what to say to convey my feelings on everything Obama and his horde are doing. “Nightmare” sums it up well.
Thanks.
darwin on March 9, 2010 at 10:23 AM
Cloward Piven
Alinsky
Fundamentally Transform the United States of America
Ring any bells?
Key West Reader on March 9, 2010 at 10:24 AM
Just buying a few more votes. This passes and amnesty for illegal aliens and the ONE PARTY system is in place, Our country has been overtaken without firing a shot.
volsense on March 9, 2010 at 10:24 AM
Double dip recession coming if this thing passes.
This will stymie growth and lead to more being unemployed.
Watch how fast McDonald’s and the rest of the fast food industry reacts. The majority of their workforce is part time.
For small business as well, who would dares start a new business in America after this?
FireBlogger on March 9, 2010 at 10:25 AM
It’s the only answer. No sane, intelligent person would do what he’s doing if the goal were anything else.
WesternActor on March 9, 2010 at 10:25 AM
That will already compound the disencentive to hire part-time workers faced by small businesses at least here in NY. If you hire a free-lancer and they step in your office – use your desk, or if you give assignments and review their work – NYSDOL says they are in effect on payroll and you have to pay payroll taxes and pay unemployment insurance for them. As a result, we have stopped using free-lance workers. That’s on top of the bizarre unemployment law that says if my worker quits, joins another firm and then is laid off – I am responsible for their unemployment benefits – even though I had nothing to do with their leaving. Faced that with several employees recently and now my UI rate has been increased. Obstructions to hiring staff mean my company can’t grow, which means lower revenues and lower corporate taxes paid – good thinking Dems.
AmericanUnderground on March 9, 2010 at 10:25 AM
What’s laughable, is that 0bama has any intention of using reconciliation.
He will sign the Senate bill the second it passes the House.
Rebar on March 9, 2010 at 10:26 AM
We as a country really really need to get away from this employer takes care of you and your family way of thinking. As an employer of about 100 people, I want to be focused on making my business a strong and profitable one. Such a business provides my employees with two things they values most: a paycheck and job security.
Why as an employer should I take care of my employee’s retirement investments? Health care outside of the work place?
WashJeff on March 9, 2010 at 10:26 AM
I’ve never been able to bring myself to believe this was all intentional like Cloward-Piven, but if this and the story about banning sport fishing are true, then I can’t think of any other explanation. No rational person would support these policies.
Doughboy on March 9, 2010 at 10:26 AM
Sadly, yes…this is all part of the plan. Destroy the private sector, including everything that makes this country great. Wait til Grahamnesty comes down the pike.
search4truth on March 9, 2010 at 10:27 AM
Wait a second…I thought they couldn’t make changes to the bill without the Senate having to vote again, too!
Man, the parliamentary complexity of this thing is killing me.
S. Weasel on March 9, 2010 at 10:27 AM
Business Insider: Small business optimism falls in February. Can’t get credit and are “freaked out” about healthcare.
Wethal on March 9, 2010 at 10:27 AM
Obama and his entire Marxist/fascist regime are conducting a scorched earth campaign and they will soon be omnipotent. Sad but true.
rplat on March 9, 2010 at 10:27 AM
Key West Reader on March 9, 2010 at 10:24 AM
I had hoped that Obama was just a circus clown incompetent, but I am open to the suggestion that this is intentional.
Perhaps not by him, I’m still convinced Obama is of below average intelligence. I know we’re continually told he’s brilliant, but I’ve seen no actual evidence of him accomplishing anything of value.
NoDonkey on March 9, 2010 at 10:27 AM
Part-timers can already get insurance from places like McD’s once they have put in 3 or 6 months. It costs a lot considering the pay, but if one really needs insurance, it is offered.
myrenovations on March 9, 2010 at 10:27 AM
Next step, change the minimum wage to $30/hr, then we can all be rich.
/sarc
MarkTheGreat on March 9, 2010 at 10:28 AM
Exactly.
What did people think fundamentally transforming America meant?
Disturb the Universe on March 9, 2010 at 10:28 AM
I have a question.
Say they pass this BS bill with the requirement that you must pay benefits to part-time employees.
What if say my wife who is covered under my insurance goes to get a job will she have to accept the benefits or will she be exempt? if she will be exempt really feel for single parents because the business will not hire them because they will hire someone part-time who would be exempt.
this is a cluster$%@#!!
welcome to the ussa if this passes
j
keeptherepublic on March 9, 2010 at 10:28 AM
What if an individual works at three businesses, all part-time. Does each business suffer a penality for not having insurance coverage on this one person?
News2Use on March 9, 2010 at 10:28 AM
I wonder if this is a way to get House votes for the Senate bill who wouldn’t vote for the Senate bill as is because it’s not liberal enough. (Still don’t see how this can be part of reconciliation, though.)
Wethal on March 9, 2010 at 10:29 AM
This President needs to be neutered by getting rid of a Dem Congress. He needs to fail. Not just the bastards policies but the man. When this is all over, he should not be considered qualified to be a greeter at Wal-mart.
This Congress needs to be run out of town in November.
Americans need to rise up and defeat evil.
highhopes on March 9, 2010 at 10:29 AM
The Democrats really are determined to drive businesses out of business, aren’t they.
ProfessorMiao on March 9, 2010 at 10:29 AM
“Elections have consequences”. Damn, we get reminded every day.
Dire Straits on March 9, 2010 at 10:29 AM
I’ve believed that for a year and a half.
MarkTheGreat on March 9, 2010 at 10:29 AM
WashJeff on March 9, 2010 at 10:26 AM
I completely agree.
Employers should provide people with jobs – period. That’s the way to get people back to work, end these idiotic government mandates on employers.
NoDonkey on March 9, 2010 at 10:30 AM
It’s socialism full steam ahead for these people. They are intentionally trying to grind the private sector into the ground.
gwelf on March 9, 2010 at 10:30 AM
Believe it. I know it is hard to think rational adults with offspring would want to destroy America but we are not talking RATIONAL, AT ALL. In fact, not sure “they” are American, literally or figuratively.
screwauger on March 9, 2010 at 10:30 AM
Each new revelation is like a new kind of punishment of those of us who are not on the GS scale and not unionized.
Said it before, I’ll say it again…
I’ve never felt so much under daily threat by my own president and Congress in my lifetime, as I do right now.
Edouard on March 9, 2010 at 10:30 AM
+10
This
nyx on March 9, 2010 at 10:30 AM
Eddie Murphy in the bar scene of 48 Hours, channeling BHO and Congress:
“Let’s see what I can fvck with next.”
Is there a single person left in DC with a brain??
GnuBreed on March 9, 2010 at 10:31 AM
Yep. The penalty is for those greedy companies “denying” coverage to part-time employees. It has nothing to do with the actual employees. The filthy lying coward doesn’t even care if the employees are covered so long as they can put yet another tax on business.
highhopes on March 9, 2010 at 10:31 AM
The Fool is just evil. There is no way around it. Or he’s dumber than a fifth grader. Which is possible.
Or both.
nyx on March 9, 2010 at 10:31 AM
The way unemployment tax is calculated for a business is BS. A business has to pay x% for the first y thousand dollars of pay for each unique person that is employed by a company.
The fair way to calculate unemployment tax is:
x% * (y * z) = unemployment tax
where z is the average number of workers during the year.
WashJeff on March 9, 2010 at 10:32 AM
I’m sorry but this is much more akin to the bar scene in Star Wars than 48 Hours.
highhopes on March 9, 2010 at 10:32 AM
Ban sports fishing!! Can you give a link to this. I missed it. Thanks!
Dire Straits on March 9, 2010 at 10:32 AM
The kicker is the penalty if you don’t comply.
A naked Rahm Emanuel will come to your door and poke you in the chest.
rbj on March 9, 2010 at 10:33 AM
Drudge.
Wethal on March 9, 2010 at 10:34 AM
What a great point… There are thousands (probably millions now) that work 2-3 jobs. To penalize each employer would be a nice big, fat democrat party money grab.
Thugs.
Key West Reader on March 9, 2010 at 10:34 AM
I have to agree with Rush now. It’s all being done on purpose. It’s really difficult to comprehend that the president and majority party really do hate the country to the degree they do.
SouthernGent on March 9, 2010 at 10:35 AM
Normally I’d be skeptical of what the aide said, but they really have to penalize the use of part time employees or employers would just dump full timers after being penalized for employing them.
They’ve known this all along.
This whole thing is a disaster.
forest on March 9, 2010 at 10:35 AM
Uh this is not just Obama, even though he has the lions share of this mess, this is about all the LLL Dems in Congress. They are the ones who write most of this crap up and actually pass it. Getting rid of Obama without removing Reid, Pelosi, etc is simply not going to work. Conservatives need to take back both houses to put a stop to this nonsense.
Johnnyreb on March 9, 2010 at 10:36 AM
The one item I will add as an owner of a small business (35 employees) is with regard to benefits. I include them because they make my company a good place to work. I can’t afford to pay everyone super high-octane wages…BUT by adding health insurance and even dental, the overall compensation package is nice. We have been lucky to keep a stable workforce (average age of employment is around 15 years). Would it be easier and more profitable to not have to worry about offering health insurance? You betcha! I hate doing the yearly insurance shopping…but if I had to offer it to my seasonal help as well, that would be a problem.
search4truth on March 9, 2010 at 10:36 AM
I wonder if we had the GOP plan for health insurance in effect (i.e., full insurance competition, expanded HSA, and equal tax treatment for individually purchased insurance), how would employees react if I said:
I am going to increase your pay around 10%, but I will NOT provide you with health insurance for accidents\issues outside the work place and no retirement plan (i.e., get your own IRA). What would the reaction be?
WashJeff on March 9, 2010 at 10:36 AM
This move will hit job creation in an already moribund economy.
Businesses would not want to hire part time workers if they are forced to provide health care coverage for them. Ergo, no jobs in the private sector and the Fool will lead us to a depression.
nyx on March 9, 2010 at 10:36 AM
I guess when you want to destroy both the healthcare system AND the economy, you want to use every trick in the book.
Chip on March 9, 2010 at 10:37 AM
I really don’t know why anyone would want to own a business or start one in this country.
You get kicked in the crouch continually by jackass politicians like Barack Obama, who have never done an honest day’s work in their mediocre lives.
Every day, it seems that some idiot politician thinks up a stupid idea like this, to make your life harder.
Do politicians ever think about what will happen if business owners decide to chuck it all, en masse?
We can’t base our economy on taxes, lawsuits and protest rallies and I’m not sure that Barack Obama really understands that.
NoDonkey on March 9, 2010 at 10:38 AM
I knew it meant government healthcare, crap-and-betrayed, amnesty, an expansion of welfare, and a weakened national defense. Believe me, I was devastated by what transpired in 2008. Either the majority of voters in this country were hoodwinked by a Marxist or they really did want European socialism. Neither option was reason for optimism.
But what I didn’t expect was for the American people to rise up so quickly in opposition to what Obama and the Dems were attempting to do. I didn’t think it was possible to get millions to protest peacefully all across the country. And I never dreamed Ted Kennedy would be succeeded by a Republican. But what’s even more unexpected(to borrow the AP’s favorite word) is how the Democrats are essentially giving the majority of the country the finger and ramming their agenda down our throats, political and economic consequences be damned.
I get that Obama is an ideologue. And a dangerous one at that. But what continues to astound me is that the rest of the Democrat Party is willing to destroy itself potentially for a generation in order to impose their agenda on us.
Doughboy on March 9, 2010 at 10:39 AM
http://sports.espn.go.com/outdoors/saltwater/news/story?id=4975762
So now you won’t even be able to enjoy your permanent unemployment, thanks to the dictator 0bama.
Rebar on March 9, 2010 at 10:39 AM
All labor in the future will be independent contract labor. Either that or they will have to ban independent contract labor altogether because there is no way the current independent self-employed contract workers will be able to remain employed if they pass a law requiring one signer of the contract to insure the other signer of the contract.
Buddahpundit on March 9, 2010 at 10:39 AM
Assuming that wreconciliation is actually meant to happen, all they need is for Plugs to overrule the parliamentarian’s opinion. What is telling is that the only thing they signaled would be out-of-bounds for wreckonciliation is any limitations on abortion funding/mandates found in the Senate version.
steveegg on March 9, 2010 at 10:40 AM
Were you able to shop arond for Health insurance this year? We were told insruance companies were not taking on new customers right now due to the ObamaCare uncertainity (i.e., we had to stick with UnitedHealthCare).
WashJeff on March 9, 2010 at 10:40 AM
So the companies abandon health care coverage and force everyone to take the government option.
Savings!
Skywise on March 9, 2010 at 10:41 AM
I work for nonprofits (2) on a part time basis while going to grad school so this plan is going to be almost wonderful for myself.
A lot of my friends are having 2/3 part time jobs as well. This is going to be wonderful for them as well.
nyx on March 9, 2010 at 10:41 AM
one job killing measure after another from this crew…
ginaswo on March 9, 2010 at 10:42 AM
The best result from all this is that it shows America that the left in this country will justify any deception, lie, and criminality to get what they want.
csdeven on March 9, 2010 at 10:42 AM
WashJeff on March 9, 2010 at 10:36 AM
I’d be happy with that, but then I’ve always held my employers in high esteem.
What would facilitate that of course is what Democrats are dead set against – allowing individuals to take the same tax breaks on healthcare insurance, that employers receive.
And I’d rather invest in what I choose to invest in then what my employer decides to invest him.
Employers should be spending time expanding their businesses, not wasting time on health care insurance and 401(k)s.
NoDonkey on March 9, 2010 at 10:43 AM
Thanks. This is crazy. I guess I better get my pitchfork sharpened and ready. This can’t happen.
Dire Straits on March 9, 2010 at 10:43 AM
Whoo-hoo! Double… TRIPLE coverage!!
I’m sure you’ll be even happier when your non-profits have to let you go because they can’t cover everybody AND provide insurance coverage at the same time.
Skywise on March 9, 2010 at 10:44 AM
How about we make sure that 100% of the WH employess are unemployed, especially the Bower in chief. That’s a job saving measure in my opinion.
nyx on March 9, 2010 at 10:45 AM
has anyone heard if they plan to include temp workers too? I mean that would be the next logical step for employers, hire all temps instead of P/T or F/T…
we will all be going galt one way or another..
ginaswo on March 9, 2010 at 10:45 AM
Doesn’t the impact of this depend on the calculation is? (In other words, do two 20 hour part time workers count as one full time workers)
Jimbo3 on March 9, 2010 at 10:46 AM
And the Horror Flick Monster lives another day…
truetexan on March 9, 2010 at 10:46 AM
I’m starting a temp-agency. It’s obvious that that will be the wave of the future for small business. Hell, we have 4 temps working in our shop right now.
uknowmorethanme on March 9, 2010 at 10:46 AM
shorter Drudge Obama fishing ban story:
give a man a fish he eats for a day
teach a man to fish he eats for a lifetime
ban a man from fishing he eats the govt cheese
ginaswo on March 9, 2010 at 10:47 AM
Absolutely delighted!
I can wait for the November bloodbath or the Fool’s impeachment.
nyx on March 9, 2010 at 10:47 AM
I guess this fulfills Obama’s promise to that idiot Julio from Florida who was whining about not having health-care coverage from his part-time job at McDonald’s while he was getting his useless degree in communications from the local community college.
I wonder where Julio is now.
BuckeyeSam on March 9, 2010 at 10:47 AM
BOHICA!
milwife88 on March 9, 2010 at 10:47 AM
uknowmorethanme on March 9, 2010 at 10:48 AM
They just wanna make it impossible, i.e. too expensive, for the private sector to offer health plans save one, the public plan. All roads lead to the public option, it’s the end game.
ernie on March 9, 2010 at 10:48 AM
I’m in the same boat. But let’s remember why. The tax code allows us deductions for our employee health care and retirement account contributions, while not taxing the employees for them. This is nothing but social engineering by tax code.
We and our employees would be better off by paying them more, thus allowing them to make their own health care/retirement choices. But, give them the deductions for healthcare/retirement decisions and related costs.
But, no, that’s not going to happen. The nanny state wants us to assist in nannying its “children”.
TXUS on March 9, 2010 at 10:48 AM
Getting unemployment benefits…
nyx on March 9, 2010 at 10:48 AM
I am sure he is a “czar” in the Obie Administration.
Dire Straits on March 9, 2010 at 10:48 AM
Employers are way ahead of the curve. A lot of new jobs created in recent months are in fact temp gigs. But if the government includes them in Obamacare, then even those jobs will disappear. Or the pay will just really really suck.
Doughboy on March 9, 2010 at 10:49 AM
So what is going to happen to all of those mom & pop businesses which provide parttime work to college and high school students?
Kermit on March 9, 2010 at 10:49 AM
Going Galt for sure. Dems think money in the private sector is growing on trees.
Each Dem in elected office should be required to open a lemonade stand WITH THEIR OWN MONEY, actually make a few sales, and show the rest of us the balance sheets. Every day they are to hand money over to complete strangers in the form of taxes to be fund various entitlement programs. And they are to be penalized for not providing healthcare for themselves and employees.
shades_of_gasden on March 9, 2010 at 10:49 AM
I’m telling ya – these people are an express elevator to hell.
Midas on March 9, 2010 at 10:50 AM
I am surprised our media missed this job-killing provision, given that we have sky high umemployment under this jackass “administration” as it is.
Oh wait, I’m not surprised at all.
NoDonkey on March 9, 2010 at 10:50 AM
I would say that many people would prefer not to have their health insurance rates dictated by their coworkers.
I do not see any reason why, for example, a religious group\parish could not tell insurance companies we want to provide insurance to our members as a group. Please provide a us, the church, a quote to provide health insurance.
What I am missing? Why cannot any group pool their members and see if any health insurance companies want to voluntarily enter into a contract for health insurace for the group? No law should need to be created for this beyond allowing individuals to deduct their premiums like companies do now.
WashJeff on March 9, 2010 at 10:51 AM
Great. I work in a office that has all part time workers. I bet 3-4 of us will be looking for jobs. Small business owners can’t take that kind of hit in this economy. They are barely making payroll at times. These idiots in DC have got to be kidding!
wi farmgirl on March 9, 2010 at 10:52 AM
I read more of the bill over the weekend. Get this:
If you have 50-200 employees, you pay $750 per employee penalty if you don’t offer insurance. Since policies are over 10x this cost, this will both do nothing to incentivize employers to insure employees AND lower employment, especially for those companies closer to 50 in size
Even worse- if you offer insurance and your lower income employees get a better deal on the subsidized exchange- you get nailed for $3000 per employee. As subsidies are determined by household income, this makes married people or young people living with family much cheaper to employ than say single working mothers, skewing the labor pool.
Chuck Schick on March 9, 2010 at 10:53 AM
I don’t know if I’ve ever done this for an off-topic comment, but that’s definitely in the running for Comment of the Day™.
steveegg on March 9, 2010 at 10:53 AM
I hope there’s an understood “sarc” tag there….
notropis on March 9, 2010 at 10:54 AM
Lawyer man, please read my 10:51AM comment and tell me why something like this, people creating their own health insurance pools via voluntary associations, could not happen. Just in case, I am not asking if you support this, but why two intenties cannot form a contract voluntarily (or maybe they can and it is just a tax issue)?
WashJeff on March 9, 2010 at 10:55 AM
–You do understand that, if this passes, you can get out of providing health care to your employees because they can buy it on the exchanges going forward.
Jimbo3 on March 9, 2010 at 10:55 AM
Do the newspapers provide health care coverage to the delivery boy? Do the girl scouts provide coverage for the cookie sellers?
I don’t think they’ve thought this through.
Buddahpundit on March 9, 2010 at 10:56 AM
+10000000000000
huskerdiva on March 9, 2010 at 10:56 AM
It will have to go under the table: I agree to pay the kid and he agrees not to report his income from me. Or better yet I do his job until my kids are old enough to do it and then they take over.
This is stupid. If I had to provide coverage for every high school kid who mucks my land, mows the lawn, cleans the shops or runs a chain hoist I would go bankrupt in a month.
Bishop on March 9, 2010 at 10:57 AM
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