US employers slashing worker hours to avoid Obamacare insurance mandate (2024)

Avita Samuels has worked at the Mall of America in Minneapolis for the last four years, juggling a sales job with her studies in political science and law at the University of Minnesota. The 24-year-old has been the top sales associate for the last three years and works between 29 and 35 hours a week. But over the past few months, she said, she has watched as friends working in stores around her have their hours and benefits slashed – and she's worried that she will be next.

Forever 21, the clothing store, told staff last month in a memo leaked to the press that it planned to cut hours and reclassify some full-time workers as part- time. The move, which the company denied had anything to do with President Barack Obama's health reforms, the Affordable Care Act (ACA), will nevertheless help it avoid a mandate under the legislation requiring companies with 50 or more employees to offer those working 30 hours a week or more health insurance. Earlier this month, Seaworld, which operates 11 entertainment parks across the US, capped hours for part time workers at 28, down from 32, according to the Orlando Sentinel.

Other retailers, such as Trader Joe's and Home Depot have said they will no longer provide medical coverage for part-time employees, and will shift them instead to the public healthcare exchanges which open Tuesday, 1 October. Some employers have said their health costs will rise as a result of various provisions of the ACA, which takes full effect in 2015, when larger companies have to provide health benefits to full time workers or pay a $2,000 per-person fine.

The trend has caused fears among low-paid workers living on the breadline that they will be hit twice – by having their hours and thus earnings cut and by having to pay more for healthcare. Based on what she said is happening in the stores around her, Samuels is concerned she too will have her hours cut and with it her eligibility for company healthcare under the ACA.

"It's a really scary situation," said Samuels, who earns $9.25 an hour and is trying to reduce a student loan debt of close to $50,000. She currently receives subsidised healthcare through her university, but it runs out next year, when she had hoped her employer healthcare would kick in.

"Technically, I should be eligible," she said. "But at least 20 stores around me have cut hours. I live paycheck to paycheck. I have credit card debts. It's a balancing act. I'm afraid I won't be able to afford healthcare."

As one of the nation's lowest-paid workers, with little job security, Samuels is not alone in her fears that she may be worse off when the ACA takes full effect.

Following a callout to hourly workers who had experienced recent changes in hours or health benefits, the Guardian was contacted by employees and their families. Two of them said they were so concerned about additional costs of healthcare, they were considering not buying insurance at all.

Typing Samuel's average earnings of $15,000 a year and her state into the subsidy calculator on the Kaiser Family Foundation website, reveals that, if her employer did not offer healthcare and she were to enter a healthcare exchange, she would be eligible for government subsidy and would pay $300 a year towards the $1,449 cost of a plan. Samuels, who is already struggling financially, said this will represent a massive additional burden should her hours be cut by her employer.

A survey by the International Foundation of Employee Benefit Plans published last month, found that 15% of large employers (50 or more employees) and 20% of smaller employers had plans to adjust hours so that fewer employees qualify for full-time medical insurance under the ACA.

Kavita Patel, a fellow in economic studies at the Brooking Institution who worked on healthcare reform in the White House, said: "The big question everyone is asking is: 'Will it increase the premiums?' If you are being dropped by your employer and you are going into the exchanges, it depends on how much much money you are making. In New York, for instance, the rate in the exchange is cheaper than the group markets."

The Kaiser Family Foundation published a report earlier this month which worked out the cost of premiums in 17 states plus DC.

To hourly workers, many of whom are living below the poverty line, a small increase in healthcare costs can represent the final straw for their already stretched family budgets.

The wife of a Trader Joe's part-time worker who contacted the Guardian in response to a callout said her husband was so concerned about potential cost increases, he was considering not buying healthcare insurance at all.

The mother of two, who did not want her name published,said: "My husband is debating getting insurance which scares me as the job is physical so there is always a risk of on site injuries that require medical attention. We are expecting to pay more out of pocket. We are working on putting aside some now so we can afford coverage next year.

"I am worried there will be months when we will have to choose paying health insurance or paying a bill. Neither is a good option with two children to think of."

People without health coverage in 2014 may have to pay a fine of up to $95 per person and 100% of their healthcare costs.

She told the Guardian that she and her children had been covered by her husband's company, Trader Joe's, until he was informed in August that, as a part-time worker of 30 hours or less, his healthcare benefits would no longer be paid when the ACA comes into effect. An internal memo by Trader Joe's announced that each affected employee would be given $500 and said it hoped that "many of you should be able to obtain healthcare coverage at very little if any net cost to you".

A college student, she said her research had shown that the cost of an alternative plan would be greater than the $500 they will receive.Her husband previously paid $99 for coverage, she said.

She said she felt let down. "Finding out that we were losing health benefits seems (coupled with the previous reduction in contributions to retirement) like the company has reached a size/level will it no longer makes sense to put employees first. This makes me very sad."

Unions and worker's organisation say that, at a time of growing concerns over the level of minimum wage earned by the nation's lowest paid workers, it is the same workers who are being worst hit by the changes, ahead of the ACA.

David Wehde, organising director of Working America, an affiliate of AFL-CIO with three and a half million members, said: "What we are hearing from our workers is a lot of frustration, particularly lower wage workers in retail or service jobs."

However, Wahde said there is "huge scepticism" of the claims made by some employers that they had been forced to make changes in benefits because of the costs of the ACA.

"Our workers are frustrated, saying that their employers don't have to do it this way, but they are just using the ACA as an excuse" said Wehde. "It is not winning workers' trust."

Janna Pea, the deputy communications director of the Retail Wholesale and Department Stores Union, said the shift some employers were taking towards part time workers was an unfortunate side effect of the ACA.

Pea said: "We are hearing from our members who are concerned about what is happening with their companies. Not only are they looking at having their healthcare coverage cut they are also looking at less hours."

"You have a trend where employers are saying they have no obligation to do anything for anybody who works less than 30 hours a week. Part of the act created incentives for employers to take away benefits from employees. It is an unfortunate side effect. The act ignores part time workers."

US employers slashing worker hours to avoid Obamacare insurance mandate (2024)

FAQs

US employers slashing worker hours to avoid Obamacare insurance mandate? ›

A survey by the International Foundation of Employee Benefit Plans published last month, found that 15% of large employers (50 or more employees) and 20% of smaller employers had plans to adjust hours so that fewer employees qualify for full-time medical insurance under the ACA.

Is the ACA employer mandate still in effect? ›

The ACA Employer Mandate applies to Applicable Large Employers (ALEs). An ALE is defined as an employer with at least 50 full-time employees or full-time equivalents (FTEs). If a business qualifies as an ALE, it must offer health coverage to full-time employees.

What is the ACA employer mandate for 2024? ›

Under the Employer Mandate portion of the ACA, organizations with 50 or more full-time and full-time equivalent employees must offer Minimum Essential Coverage (MEC) that is affordable and meets Minimum Value (MV) to at least 95% of their workforce and their dependents.

What is the ACA 50 employee rule? ›

Under the Affordable Care Act (ACA), businesses with 50 or more full-time equivalent (FTE) employees that do not offer health coverage, or that offer health coverage that does not meet certain minimum standards, may be subject to a financial penalty, referred to as the Employer Shared Responsibility payment.

What happened to the Obamacare mandate? ›

This is due to legislation that was enacted in late 2017; it eliminated the penalty as of 2019, but did not eliminate the actual individual mandate itself. So technically, the law does still require most Americans to maintain health insurance coverage.

What is the 6 month rule for ACA? ›

The state is using a 6-month measurement period to average an employee's hours of service to determine their full-time status for ACA reporting purposes.

What is the 95% rule for ACA? ›

Businesses that are subject to the ACA must offer affordable health insurance that provides minimum essential coverage and minimum value to at least 95% of their full-time employees (including dependents).

What is the employer penalty for not offering affordable coverage? ›

The penalty for each month is $4,460 divided by 12, for each full-time employee receiving a premium tax credit that month (up to a maximum of $2,970 divided by 12, times the number of full-time employees (minus up to 30).

When did ACA individual mandate end? ›

The Affordable Care Act (ACA) individual mandate encouraged consumers to have health insurance by imposing a financial penalty if they did not have coverage or an exemption. Congress removed the ACA individual mandate in 2017 and the change was effective in 2019.

What is the ACA penalty mandate? ›

The fee for not having health insurance (sometimes called the "Shared Responsibility Payment" or "mandate”) ended in 2018. This means you no longer pay a tax penalty for not having health coverage.

What is the 30 hour rule for the Affordable Care Act? ›

The Affordable Care Act (ACA) requires employers to offer health insurance to employees working at least 30 hours per week (or 130 hours per month) to avoid paying penalties.

How many hours is full-time for ACA? ›

ACA Requirements for Full-Time & Full-Time Equivalent (FTE) Employees. Under the Affordable Care Act, full-time employees work an average of either 30 hours or more in a week or 130 hours during the month. Employers with over 50 full-time employees must comply with ACA requirements.

What is the 9.5 rule in Obamacare? ›

The Health Reform bill established 9.5% as the amount of income used for health insurance beyond which, it would not be an affordable. This means that if you make $40K annually, the bill subsidizes health insurance premiums beyond just short of $4K.

What states refuse Obamacare? ›

Ten states—Alabama, Florida, Georgia, Kansas, Mississippi, South Carolina, Tennessee, Texas, Wisconsin, and Wyoming—have not expanded Medicaid eligibility under the Affordable Care Act to individuals with incomes up to 138% of the federal poverty level.

Is the Obamacare individual mandate still in effect? ›

The inception of the act included penalties for those who did not have qualified coverage, known as the individual mandate. This controversial portion of the ACA was repealed beginning January 1, 2019, removing the federal tax penalty if you failed to enroll in an ACA-compliant healthcare plan.

What is President Biden trying to do with the Affordable Care Act? ›

President Biden and Vice President Harris are protecting and strengthening the Affordable Care Act (ACA), also known as Obamacare, to cover more Americans and reduce health care costs for working families. Trump spent four years trying to undermine the ACA and was one vote away from repealing it.

Is the insurance mandate still in effect? ›

Yes. Congress did eliminate the tax penalty for not having health insurance, starting January 1, 2019. While there is no longer a federal tax penalty for being uninsured, some states have enacted individual mandates and may apply a state tax penalty if you lack health coverage for the year.

Do all employers have to file ACA? ›

(Federal ACA law only requires employers with 50 or more employees to report health insurance information). Employers must submit all forms electronically through the MFT SecureTransport (Axway) service.

Is the shared responsibility payment still in effect? ›

However, under the TCJA, you no longer need to make a shared responsibility payment or file Form 8965 with your tax return if you don't have minimum essential coverage for part or all of 2019.

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