• 100% Satisfaction Guarantee
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 33370
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
15277592
Type Your California Employment Law Question Here...
LawTalk is online now

# My company has 21 employees and currently we offer health insurance

### Resolved Question:

My company has 21 employees and currently we offer health insurance to our employees but the employees pay 100% of the premium so there is no cost to the company for the healthcare insurance. I like to know how the Obamacare laws will impact our company in term of cost on the health insurance as well as any tax increase that is associated with this new laws. Thank you.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.

Good morning Becky,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Fortunately for small businesses like yourself, until you have at least 50 full time employees on average over a period of a year, you are not going to be subject to the Affordable Care Act.

ObamaCare and the huge mess that it is will not impact you as an employer.

Not that you need to know right now, but perhaps for the future you might want to know how the number of employees is determined:

To determine whether an employer is a large employer for purposes of the Affordable Care Act, (Obamacare) the following formula is used to calculate the 50 employee threshold:

The math to determine whether a company must abide by the Act is done as follows.

1. Any employee who works at least 30 hours per week in any month is counted as one full-time employee.
2 For all employees working less than 30 hours per week average in any month, you add up all of the hours worked by all of these part time employees during the month and divide by 120. The resulting number is XXXXX number of equivalent full time employees that you have. Seasonal employees who do not work over 120 days, can be omitted from the employer's calculation of "full-time" employees regardless of how many hours they work.

For example, let’s say that you have 5 full time employees and 20 part time employees who work an average of 72 hours per month. 20 X 72 is 1440 total part time hours worked. Divide that by 120.
1440/120 = 12.

That would mean that you have the equivalent of 12 full time employees working part time, 5 employees actually full time, for a total of 17 full time employees for that month. Add the number of full time employees you got for the 12 months of the calendar year, and divide by 12. If that resulting number is XXXXX than 50, then you are covered by the Affordable Care Act.

However, for now you don't need to worry about that---the Act simply does not apply to you.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

Customer: replied 2 years ago.

Thank you, XXXXX XXXXX about the increase in the Medicare tax, would and when it be applied to my company?

Expert:  LawTalk replied 2 years ago.
Hi Becky,

If there is a MediCare tax increase, it will apply to all employees nationwide, and at the same time---not just to larger employers and their employees.

If you are talking about the 0.9% increase in MediCare tax that applies to wages above \$200,000 for individuals and \$250,000 for couples, I believe this now las has already taken effect as of the first of the year.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Attorney
Satisfied Customers: 33370
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

### What Customers are Saying:

• Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Previous | Next >
• Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
• My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
• I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
• PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
• Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
• It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
• Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK

• ### LawTalk

#### Satisfied Customers:

1199
I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >

### LawTalk

#### Satisfied Customers:

1199
I have 30 years of experience in the practice of law, including employment law and discrimination law.

### Tina

#### Satisfied Customers:

923
JD, 17 years experience & recognized by ABA for excellence in employment law.

### Brandon, Esq.

#### Satisfied Customers:

347
Has received a certificate of recognition from the California State Senate for his outstanding legal service.

### melissamesq

#### Satisfied Customers:

47
Represent clients to maximum recovery in employment cases.
• /img/opt/shirt.png Attorney2020's Avatar

### Attorney2020

#### Satisfied Customers:

61
I have significant experience in employment law.
• /img/opt/shirt.png Legal Counsel's Avatar

### Legal Counsel

#### Satisfied Customers:

32
California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.