So, just by changing back the definition of what constitutes full time employment, President Trump can essentially eradicate, as in destroy, the employer mandate portion of ObamaCare --and there's not much Congress can do about it.
Trump can alter the Employer Mandate in ObamaCare by Executive Order
Unlike Republican members of Congress, Trump can use his pen to fundamentally transform ObamaCare.
The Affordable Health Care for America Act (ObamaCare) forces businesses to provide health insurance largely via the employer mandate.
The Obama regime had the IRS define a full time employee as follows:
An employee is considered full-time if he or she has sufficient hours of service. In particular, for purposes of the employer shared responsibility provisions, an employee is a full-time employee for a calendar month if he or she averages at least 30 hours of service per week or has 130 hours of service in the month (130 hours of service in a month is treated as the monthly equivalent of at least 30 hours of service per week).
Since its passage, the employer mandate has been a major drag on the U.S. economy.
Firms with 50 or more full time employees are required to provide health insurance to their employees. Consequently, many small firms are afraid to expand to 50 full time employees because of the cost they'd incur of providing healthcare.
Their hesitancy to grow their businesses has made the economy less competitive, enabling larger firms to face less competition.
If you ask many U.S. employers, they'll quietly tell you ObamaCare is a major reason they are not expanding headcount.
There is nothing to stop President Trump from signing an Executive Order that defines a "full time employee" as the Department of Labor did before the Affordable Health Care for America Act went into effect --40 hours of work a week.
For much of the 20th Century, this was the standard definition of a full time job in America. And, most Americans still consider a 40 hour work week as the standard measure of full time employment.
The Obama regime dialed down the definition of full time employment to 30 hours because they knew many employers, particularly smaller firms, did not want to provide health insurance at work.
But, and this is the crucial point, there's absolutely nothing in the ObamaCare law that prevents President Trump from changing back the definition of full time employment to 40 hours as week.
Oh, there would be howls of protest from Democrat Senators like Dick Durbin (IL) and Chuck Schumer (NY), but, in response, President Trump can remind them that he could, if he wished, define a full time employee as someone working 168 hours a week. There are, after all, 168 hours in a week.
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Defining a full time employee as working 40 hours a week is a win-win for employers and for employees, and, consequently, for the economy. It allows employers to calibrate work hours to a level just below 40 a week --say, 39.5.
And, it allows employees to work more hours by punching through the 30 hours limit dictated by the employer mandate.
Some employees would likely give up a second job they're forced to work because of a work week now of fewer than 30 hours at their major employer.
So, just by changing back the definition of what constitutes full time employment, President Trump can essentially eradicate, as in destroy, the employer mandate portion of ObamaCare --and there's not much Congress can do about it.
