Is It Legal For My Employer to Cut Back My Hours to Part-Time?
My employer was “forced” to give me health insurance beginning in 2015 because I worked over the 30 hr average for each quarter in 2014. I have been trying to maintain a 30 hour average per quarter this year and did so for the first 2 quarters of 2015.
However, now my employer is saying that I was offered these “full time” benefits in 2015 only to abide by the Obamamcare laws …. but I have always been considered “part-time status”. They are saying I am no longer allowed to work over the 30 average. (I work in a casino and I do not have attendance issues, procedural points, complaints about performance, etc.)
They are arguing …. that they made a mistake last year by NOT keeping my hours below the 30 hr average and they are attempting to limit my hours now so that I go below a 30 hour average to avoid offering me insurance this coming year. Is this legal?
It's legal for your employer to cut back your hours to avoid offering coverage, but you can use the marketplace to get cost assistance. Typically the marketplace offers better value than an employer so they may have just done you a favor. When you lose employer coverage you get a 60 day window to enroll in a marketplace plan, so make sure not to miss that "special enrollment" window.
I am 71 yrs of age I work part time for a city in Texas I am covered by Medicare . why do I have to fall into the 1500 hour law under the ACA
The rule is 30 hours or more a week = full-time under the ACA. A large employer can take it upon themselves to realize that you won’t take the coverage and thus know they will not share the costs, but they must offer it to the majority of their employees under law. There is no exemption for employers for employees currently on Medicare or for employees who would opt-out of the coverage other-wise (for instance if they have other coverage through their spouse). Rather employers will typically use the safe-harbor of not offering full-time hours to anyone they don’t want to offer coverage too, regardless of if that person would actually except coverage.
Is it legal for my employer to cut my hours because she dont like me as a person?
I’m not sure the exact rules, but I would assume that is a slippery slope with all the anti-discrimination rules. You should get more expert advice on this one, as it isn’t directly related to the ACA.
I’ve been with my employer for 2 and a half years. I’m salaried and when initially negotiating the amount, my employer informed me they are self funded and if I opt out of medical benefits I will get more money. That worked out for me since I’ve been covered under my spouses insurance for 7 years. During my spouse’s open enrollment he was informed working spouses that offer medical benefits will be dropped and have to get through their employer. When discussing this with my boss she tells me in order to get their insurance I will have to take a $4,000 pay cut. Is this legal for them to cut my pay?
This is bullshit people can’t live on a part time income!
I currently live in California and have medi-cal for myself and 1 yr old child. I work full time, 40 hours. My employers has approached me and stated I either have to switch over to their offered health insurance or they will reduce my hours of work because according to them I won’t qualify for medi-cal if they keep me at 40 hrs. I’ve told them once before I’m fine with the medi-cal I have and I won’t go over. Is it legal for them to reduce my hours because they’re looking out for my “best interest,” according to them.
If they offer you full-time and they offer benefits to their full-time workers it could actually mean you don’t qualify for assistance based on income. You say though that this isn’t the case… still though, employers are generally allowed to make choices like this. I don’t know the exact rule here however, so you may want to reach out to the department of labor or have your human resources department (or simply employer) better explain the specific rule they are following.
ps. If we were talking about Covered CA and cost assistance, 100% being full time and being offered coverage would mean you wouldn’t qualify. But with Medi-cal it is all about income only.