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

What is the employer mandate in the Affordable Care Act ________? ›

Employer mandate overview

Employers must offer health insurance that is affordable and provides minimum value to 95% of their full-time employees and their children up to the end of the month in which they turn age 26, or be subject to penalties. This is known as the employer mandate.

What happened to the Obamacare mandate? ›

The ACA's individual mandate penalty, which used to be collected by the IRS on federal tax returns, was reduced to $0 after the end of 2018. In most states, people who have been uninsured since 2019 are no longer assessed a penalty.

Did the Affordable Care Act penalize employers who did not offer health insurance for employees? ›

The employer must pay a penalty for not offering coverage. The penalty for each month the employer fails to offer coverage is $2,970 divided by 12, times the number of full-time employees (minus up to 30).

How did health insurance in the United States become employer based without government mandates? ›

During World War II, The War Labor Board ruled in 1943 that certain work benefits, including health insurance coverage, should be excluded from the period's wage and price controls. Using generous health benefits then to draw workers, employers began to bolster group health insurance plans.

How are ACA hours calculated? ›

Under the 'monthly' measurement approach, the employer can calculate an employee's hours on a month-by-month basis. If an employee works at least 130 hours each month or at least 30 hours per week in a calendar month, they are a full-time employee.

What does the individual mandate under the Affordable Care Act mean? ›

The individual mandate is a provision within the Affordable Care Act that required individuals to purchase minimum essential coverage – or face a tax penalty – unless they were eligible for an exemption.

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.

Does Obamacare still exist in 2024? ›

As of the end of open enrollment, 21.4 million people have selected an ACA marketplace plan for 2024, and 40 states and the District of Columbia have expanded Medicaid. The number of people who are uninsured has dropped from 45.2 million in 2013 to 26.4 million in 2022, a historic decline.

What are the pros and cons of the Affordable Care Act? ›

Some pros of Obamacare include more affordable health insurance and coverage for preexisting health conditions, while some cons include people having to pay higher premiums. The Affordable Care Act (ACA), also known as Obamacare, was signed into law in 2010.

What is wrong with the Affordable Care Act? ›

Among the one in five U.S. adults who say the ACA has hurt them and their families, most say the law has increased costs of health care or health insurance (59%, 12% of total).

Who is against the Affordable Care Act? ›

The Patient Protection and Affordable Care Act (ACA) was passed by a Democratic Congress and signed into law by a Democratic president in 2010. Republican congressmen, governors, and Republican candidates have consistently opposed the ACA and have vowed to repeal it.

What is the ACA employer mandate penalty for 2024? ›

The 4980H(a) penalty for 2024 is $247.50, or $2,970 annualized, per employee. This is a modest increase from the 2023 figures, which were $240 monthly and $2,880 annualized.

What is a con of employer-sponsored health care? ›

Job lock. The term job lock refers to the tendency of employer-sponsored health insurance to discourage people from changing jobs; from starting a business of their own; or from reducing their hours to care for family members or move gradually toward retirement.

What is causing some employers to stop offering health insurance as an option to their employees? ›

Escalating costs may prove to be another challenge to employer-sponsored insurance. A 2020–2021 study conducted by the Purchaser Business Group on Health found that 87 percent of the companies they surveyed thought the cost of providing health benefits would be unsustainable within the next five to 10 years.

Is it mandatory to provide health insurance to employees in USA? ›

ACA Rules on Employer-Sponsored Health Insurance

Under the ACA, employers with 50 or more full-time employees (or the equivalent in part-time employees) must provide health insurance to 95% of their full-time employees or pay a penalty to the IRS. This penalty is quite hefty—$4,460 per employee per year (in 2024).

What is the employer mandate in the Affordable Care Act quizlet? ›

All employers must, therefore, report information regarding the health care coverage that they offer to their full-time employees to the IRS annually. Reporting will include information on all employees who were offered and accepted coverage, and the cost of that coverage on a month-by-month basis.

What is the individual mandate of the Affordable Care Act quizlet? ›

As part of the ACA, the individual mandate requires all uninsured individuals to purchase a health insurance policy or be subject to a fine.

What is the tax mandate for the Affordable Care Act? ›

The individual mandate means that Californians must either have qualifying health insurance, or pay a penalty when filing their state tax return unless they qualify for an exemption. How much? For tax year 2023, the penalty will cost at least $900 per adult and $450 per dependent child under 18 in your household.

What is the 1st mandate of the Patient Protection Affordable Care Act? ›

The Patient Protection and Affordable Care Act (ACA) has two main goals: (1) to make health care coverage more available, affordable, and acceptable and (2) to slow the growth of health care costs in the U.S.

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