How to Report Company to IRS for Not Complying With ACA?

My son is employed in Louisville, Kentucky by an international company. The company continues to say that they are “taking care of the paperwork” or some other excuse which, by this time just sounds like… lies. He signed up for employer health insurance when he was hired in September or October of last year and became eligible for coverage in November of that same year. He has yet to get any documentation of coverage including an insurance card, but has gotten tons of excuses and stalling tactics – “We don’t show you signed up,” he was told. When he replied that he’s got copies of the paperwork to show that he signed up, they changed their song to, “You should get the papers by next week…”
We have since learned that the company has made a habit of this practice with other employees and I am seriously considering a class action lawsuit against them.

My son and I have contacted multiple agencies within the state and everyone either knows nothing or does not want to become involved as no one has been able to provide any solid suggestion as to how to proceed or what can be done to rectify this situation. At this point, the question remains. What can be done to enforce the company’s responsibility to provide employees’ health insurance?

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I just started working for a company and there are “part time” employees who have been working 30-60 hour weeks for months with no option for coverage. I asked HR and they said that the 30 hours per week has to be an average after one year with the company. Is that accurate? It seems really unfair.


Measurement periods are more complicated than that, that isn’t how it works for large firms. They should be considering an initial measurement period.

This page will give you a primer, its complex so feel free to research it more and open up a dialogue with your employer. There are all sorts of odd rules that augment this:


I work for an international NGO, which is based in the US with more than 50 employees in both the US and abroad. I am an employee from the US, but in my employment contract it states that I do not receive any benefits. So, my employer says that it does not need to follow the Affordable Health Care Act because I have given up my right to benefits as stated in my contract. I believe that this is not a correct interpretation, however, because I do not believe that any business can have employees give up their rights afforded by federal laws. Furthermore, I believe that my employer has now decided not to renew my contract because I have brought up this issue and they would prefer to avoid any legal issues with this in the future.


If your company has everyone opt out of the ACA then you can get tax credits and the IRS will peanlize them as per the law. It’s not really your problem. If I was the employer I would double-check my options, as there is ‘*’ in the IRS documentation that says, “the ACA doesn’t apply if you force your employees to opt-out”.

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