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If the Obama Care law is a tax and the Supreme court said it is.
Why can't companies make adjustments to their workforce so not to take a hit on taxes.
The takings clause lawsuits should be epic.If the Obama Care law is a tax and the Supreme court said it is.
Why can't companies make adjustments to their workforce so not to take a hit on taxes.
cause the prezbo says so
The takings clause lawsuits should be epic.If the Obama Care law is a tax and the Supreme court said it is.
Why can't companies make adjustments to their workforce so not to take a hit on taxes.
cause the prezbo says so
The actual words from the final law:For this and for businesses with 50-100 employees, the answer is yes. Buried deep within the IRS regulations pertaining to Obamacare, section 4980H of the IRS Code seemingly tells business to affirm the reasons why they are reducing their workforces to qualify for transitive relief from Obamacare. Many businesses are cutting jobs to avoid having to comply with the employer mandate, here though, these business are being told they cannot reduce the sizes of their staff without having a "bona-fide business reason" for doing so. If they somehow fail to meet this requirement or provide a sufficient reason to the IRS, they could be seemingly slapped with perjury charges.
This law is an overreach, simply telling employers they cannot drop below the 50 employer threshold to avoid the law and qualify for an exemption is the creation of a crime, something a neither a sitting President nor any other branch of government (except for the legislative) may do.
Questions and Answers on Employer Shared Responsibility Provisions Under the Affordable Care Act(1) Limited Workforce Size. The employer must employ on average at least 50 full-time employees (including full-time equivalents) but fewer than 100 full-time employees (including full-time equivalents) on business days during 2014. (Employers with fewer than 50 full-time employees (including full-time equivalents) on business days during the previous year are not subject to the Employer Shared Responsibility provisions.) The number of full-time employees (including full-time equivalents) is determined in accordance with the otherwise applicable rules in the final regulations for determining status as an applicable large employer.
(2) Maintenance of Workforce and Aggregate Hours of Service. 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.
https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-03082.pdf pp. 123-25
I tell you now: this is a pure act of desperation on the Obama Administration's part. Government has no right micromanaging the affairs of private businesses. So, is the Government telling you how to run your business?
That's one problem with this policy but take one loophole: liquidation and reopening elsewhere with contract labor. that is not technically firing anyone.I'm not certain how any of that is even legal, not that it matters anymore.
purportedly.one question aren't there still like 40 million left uninsured?
one question aren't there still like 40 million left uninsured?
Hope and Change baby
wasn't this your AMERCIAN dream when electing the first black President?
The actual words from the final law:For this and for businesses with 50-100 employees, the answer is yes. Buried deep within the IRS regulations pertaining to Obamacare, section 4980H of the IRS Code seemingly tells business to affirm the reasons why they are reducing their workforces to qualify for transitive relief from Obamacare. Many businesses are cutting jobs to avoid having to comply with the employer mandate, here though, these business are being told they cannot reduce the sizes of their staff without having a "bona-fide business reason" for doing so. If they somehow fail to meet this requirement or provide a sufficient reason to the IRS, they could be seemingly slapped with perjury charges.
This law is an overreach, simply telling employers they cannot drop below the 50 employer threshold to avoid the law and qualify for an exemption is the creation of a crime, something a neither a sitting President nor any other branch of government (except for the legislative) may do.
Questions and Answers on Employer Shared Responsibility Provisions Under the Affordable Care Act(1) Limited Workforce Size. The employer must employ on average at least 50 full-time employees (including full-time equivalents) but fewer than 100 full-time employees (including full-time equivalents) on business days during 2014. (Employers with fewer than 50 full-time employees (including full-time equivalents) on business days during the previous year are not subject to the Employer Shared Responsibility provisions.) The number of full-time employees (including full-time equivalents) is determined in accordance with the otherwise applicable rules in the final regulations for determining status as an applicable large employer.
(2) Maintenance of Workforce and Aggregate Hours of Service. 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.
https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-03082.pdf pp. 123-25
I tell you now: this is a pure act of desperation on the Obama Administration's part. Government has no right micromanaging the affairs of private businesses. So, is the Government telling you how to run your business?
http://op.bna.com/dt.nsf/id/emcy-9g7t3r/$File/TD%209655.pdf
a. Eligibility conditions for transition relief
An employer is eligible for the transition relief described in this section XV.D.6 if it satisfies the following conditions:
(1) Limited Workforce Size. The employer employs on average at least 50 full- time employees (including FTEs) but fewer than 100 full-time employees (including FTEs) on business days during 2014. For this purpose, the determination of the number of full-time employees (including FTEs) is made in accordance with the otherwise applicable rules for determining status as an applicable large employer.
(2) Maintenance of Workforce and Aggregate Hours of Service. During the period beginning on February 9, 2014, and ending on December 31, 2014, the employer does not reduce the size of its workforce or the overall hours of service of its employees in order to satisfy the workforce size condition set forth in paragraph (1) of this section XV.D.6. A reduction in workforce size or overall hours of service for bona fide business reasons will not be considered to have been made in order to satisfy the workforce size condition. For example, reductions of workforce size or overall hours of service because of business activity such as the sale of a division, changes in the economic marketplace in which the employer operates, terminations of employment for poor performance, or other similar changes unrelated to eligibility for the transition relief provided in this section XV.D.6 are for bona fide business reasons and will not affect eligibility for that transition relief.
The actual words from the final law:For this and for businesses with 50-100 employees, the answer is yes. Buried deep within the IRS regulations pertaining to Obamacare, section 4980H of the IRS Code seemingly tells business to affirm the reasons why they are reducing their workforces to qualify for transitive relief from Obamacare. Many businesses are cutting jobs to avoid having to comply with the employer mandate, here though, these business are being told they cannot reduce the sizes of their staff without having a "bona-fide business reason" for doing so. If they somehow fail to meet this requirement or provide a sufficient reason to the IRS, they could be seemingly slapped with perjury charges.
This law is an overreach, simply telling employers they cannot drop below the 50 employer threshold to avoid the law and qualify for an exemption is the creation of a crime, something a neither a sitting President nor any other branch of government (except for the legislative) may do.
Questions and Answers on Employer Shared Responsibility Provisions Under the Affordable Care Act
https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-03082.pdf pp. 123-25
I tell you now: this is a pure act of desperation on the Obama Administration's part. Government has no right micromanaging the affairs of private businesses. So, is the Government telling you how to run your business?
http://op.bna.com/dt.nsf/id/emcy-9g7t3r/$File/TD%209655.pdf
a. Eligibility conditions for transition relief
An employer is eligible for the transition relief described in this section XV.D.6 if it satisfies the following conditions:
(1) Limited Workforce Size. The employer employs on average at least 50 full- time employees (including FTEs) but fewer than 100 full-time employees (including FTEs) on business days during 2014. For this purpose, the determination of the number of full-time employees (including FTEs) is made in accordance with the otherwise applicable rules for determining status as an applicable large employer.
(2) Maintenance of Workforce and Aggregate Hours of Service. During the period beginning on February 9, 2014, and ending on December 31, 2014, the employer does not reduce the size of its workforce or the overall hours of service of its employees in order to satisfy the workforce size condition set forth in paragraph (1) of this section XV.D.6. A reduction in workforce size or overall hours of service for bona fide business reasons will not be considered to have been made in order to satisfy the workforce size condition. For example, reductions of workforce size or overall hours of service because of business activity such as the sale of a division, changes in the economic marketplace in which the employer operates, terminations of employment for poor performance, or other similar changes unrelated to eligibility for the transition relief provided in this section XV.D.6 are for bona fide business reasons and will not affect eligibility for that transition relief.
it says it plain if you have 50 employees or more you have to have a legitimate reason for reducing your employees ... if you don't if you reduce them because you don't want to comply with the law you will still have to comply to the law ... there's nothing in the law that says you will be charged with perjury ... where every you get this crap is beyond me ... a legitimate reason is you're lslowing down in production ... you've lost in sales ...were you have to reduce your staff to stay afloat ... if thats not easy enough for you to understand I don't know what is... nobody is being charged with perjury
Here is another link:
Thought Police: Firms must swear ObamaCare not a factor in firings | Fox News
the latest delay of ObamaCare regulations politically motivated? Consider what administration officials announcing the new exemption for medium-sized employers had to say about firms that might fire workers to get under the threshold and avoid hugely expensive new requirements of the law. Obama officials made clear in a press briefing that firms would not be allowed to lay off workers to get into the preferred class of those businesses with 50 to 99 employees. How will the feds know what employers were thinking when hiring and firing? Simple. Firms will be required to certify to the IRS under penalty of perjury that ObamaCare was not a motivating factor in their staffing decisions. To avoid ObamaCare costs you must swear that you are not trying to avoid ObamaCare costs. You can duck the law, but only if you promise not to say so...
[That's the good thing about being president. I can do whatever I want. President Obama joking about getting a restricted-access tour of Thomas Jeffersons Monticello.]