i see it depends on what the meaning of 50 is...
Posted on 08/05/2013 2:16:45 PM PDT by ColdOne
Keeping in mind that, under ObamaCare, a “full-time” work week is only 30 hours, the SBA website provides an example:
Company X has 40 full-time employees working 40 hours per week, along with 20 part-time employees working 15 hours per week. The 20 part-time employees are counted as 10 full-time equivalent employees. Company X has 50 full-time employees and is subject to the employer shared responsibility provisions.
The rules are a “problem for employers at the margin” of 50 full-time workers, said Edmund F. Haisimaier of the Heritage Foundation. In addition, the mandates include seasonal employees, so even if a business with seasonal workers has the equivalent of 50 full-time workers for only 121 days, ObamaCare requirements are activated for that business.
(Excerpt) Read more at breitbart.com ...
Hopefully it ends with politicians and bureaucrats being hanged.
Make them all entrepreneurs. If they perform at a expected level, they get full pay, as specified in the contract. If they exceed expectations, they get bonuses above and beyond the agreed rate.
What's to stop a company from setting up contracts with workers for 80 hours a week with the workers being allowed to subcontract some of those hours to people not actually employed by the company? What's to stop a company that wants to grow from setting itself up as more than one company, each one staying under the Obamacare number? Why are the feds and our stupid legislators allowing this situation that encourages companies to outsource and discourages them from expanding? How long can a country running on stupid survive?
I started typing my # 13, before your post appeared. We’re thinking along the same lines. I suspect that millions of small business owners are already making plans.
However, I doubt that it would work for individual “contract workers”. They would likely just be deemed to be employees — unless they did contract work for two or more companies. If several employees (say the accounting section) were laid off, they could form a service contracting business. Then they would just need to contract with their old employers, plus another business or so, on occasion. That should prevent them being deemed “employees”.
Also, co-location (working out of the same offices) would probably not be advisable. They could rent space nearby — even in the next office suite down the hall — and that should be sufficient to establish their independence.
Solution:
Fire everyone and hire illegal aliens and pay them cash.
However, a small business CAN avoid Obamacare simply by closing its doors. I’ve a feeling that option will be used quite liberally.
Seeing as how the IRS is making up the rules as they go along, I believe that we are all screwed. If you are not of a protected class, you will pay royally for ever being born.
Death panels will seem to be a reasonable option in a couple of years.
This is sooooooo stupidly simple that even I can find ways to get around it!
1.Company X has 10 "key" full-time employees working 40+ plus hours, 30 additional "non-key" full time employees working 40 hours and 20 part time employees working 15 hours per week.
After Obamacare is fully implemented, Company X will have 10 "key" full time employees with health insurance, and 75 part time employees averaging 20 hours who will be responsible for their own insurance.
2. Keep the 10 "key" salaried (40+) employees as employees. Everyone else becomes a contractor, and is compensated by the hour. (Heck, the US gov't has been doing this itself for years!)
You'd need to be delusional, stupid or a liberal to think that Obamacare isn't going to prove the "Law of Unintended Consequences" once and for all.
16,000 new IRS workers keeping track of this crap
Hopefully, We the People, will come out the winners.
Oh, it's worse than this. The Amnesty they're pushing about gives currently-illegal aliens a status that exempts them from Obamacare — in other words, there's automatic incentive that these people be hired. Ted Cruz explains here.
Red Badger: “There is a revolution coming that will fundamentally change America......”
I hope it’s a revolution at the ballot box. We should remember that we still have the ability to vote the bastards out. The same thing goes for writing legislation. Even if the SCOTUS green lights virtually whatever unconstitutional legislation Congress passes and the president does whatever he damn well pleases, a new Congress can terminate that legislation and a different president can undo what Obama has wrought. We just have to start winning elections.
MY business would lay off all the workers & operate with only myself if necessary. Obviously at much less gross, but possible at a higher profit.
I won’t have my bones picked to death by Obamacare.
Correct. Move them to "salaried" positions, then work the carp out of them. This is what will happen next. It's been going on for decades, ever since "exempt" and "non-exempt" entered the corporate personnel lexicon.
Time to close up shop, and take that vacation you’ve dreamed about.
France, the country that could be great, has been dealing with the 50 employee limit that requires “workers councils” or forced unionization. What French businessmen do is have create multiple companies of less than 50 employees each. What this means is that you have a main LLC and separate LLCs for distinct a to kites within the line of business. For example you would have an LLC such things as service delivery, maintenance, IT, accounting, etc. if there was a 3rd party company, such a Account Temps that could do it cheaper, you would use them instead. When taxes become too burdensome citizens and corporations will do whatever is necessary to survive, legally or illegally. Sure government tyranny and theft will shrink the economy but people will do what they need to survive.
i see it depends on what the meaning of 50 is...
unless they did contract work for two or more companies. If several employees (say the accounting section) were laid off, they could form a service contracting business. Then they would just need to contract with their old employers, plus another business or so, on occasion. That should prevent them being deemed “employees”.””
As a person who was self-employed since about 1980, There are more standards to be met.
YOU have to have more than ‘2 employers’. therwise—all you have is a ‘2nd job’.
You have to provide ALL your pens, pencils, calculators, tools, safety items, etc. As a bookkeeper, I also provided the computer & the software & did pick ups & deliveries. I did very little time within the walls of any client.
You have to be setting your own hours. IF you are starting work at a particular time & having your breaks & lunch at a specific time & quitting & leaving the building at a specific time—you are an employEE. The employER is setting the time agenda because of their operating hours.
I had my own office at home. I had as many as 19 clients at one time, most of them grossing less than $200,000 a year. I did alot of driving & ate alot of my lunches in my car.......God Bless In N Out.!!
I have to have the ability to make INDEPENDENT decisions—such as a doctor or a nurse or a certified accountant. Such ability requires specified schooling & training.
The amount of time you spend doing the most hours with your busiest client is also a factor.
Say a guy works at a ranch—lives on the ranch—has power, phone, and living quarters provided by the ranch. He also does some stall cleaning at a couple of personal local residences which have horses. His hourly duties are about 88% at the main ranch & those 2 clients use about 10-12% of his time, including his travel time.
He is an EMPLOYEE of the main ranch-—and that ranch is responsible for his tax withholding, payment of matching FICA & Medicare, and all state & federal employment taxes. Only the 2 personal residences can claim him on a 1099.
I used to have all the Federal standards in print. Probably still do somewhere—but sometimes the desk is truly a black hole. Nonetheless, I am sure they are available on the internet.
I suspect that with Obamacare, the Obama Gestapo will be very busy looking at everyone’s working hours & status.
I would shut down my business to only ME working if I had to.
No, that would be wrong. Under these terms if you “think” you may “someday” you may need to have someone(s) working a total of 30 hours or more in any number of consecutive years, bla, bla, bla, bla.
You have to forfeit all your profits for the rest of your natural life and 150% of your profits for eternity.
Unless you are a member of congress or some other government POS in which case you get all the money, none of the obligations and a free ride for life.
I’m still trying to understand how the fedgov can pierce the corporate veil on private companies and order them to buy a service, regardless what the service is
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