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February 11, 2014

HHS' Latest Tweak To Obamacare Requires That Employers Certify That They Are Not Making Economic Decisions Because Of Obama's Craptastic Healthcare Law

Thought police.

Treasury officials said Monday that businesses will be told to "certify" that they are not shedding full-time workers simply to avoid the mandate. Officials said employers will be told to sign a "self-attestation" on their tax forms affirming this, under penalty of perjury.

Although Treasury and HHS insist that employers are not reducing full-time workers because of Obamacare's obvious and perverse incentives, the beleaguered agencies have decided to require employers to certify that they aren't taking perfectly sensible decisions to preserve and protect their businesses.

This is mindless, arbitrary, and unlawful and I would love for someone at Treasury to point me to the statute that allows them to demand these certifications. I suspect that such a statute does not exist (if nothing else, we would have heard about it before now), and that it would violate the U.S. Constitution for IRS to punish a company for declining to make such a certification.

Employers should not have to deal with the uncertainty and cost of contesting Treasury's unlawful demands. And here's an interesting question: what about those businesses who have already made labor adjustments because of Obamacare? Treasury and HHS, are just piling confusion on more confusion as they attempt to save this fundamentally flawed law.

Let the Democrats try and defend this; I dare them.

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posted by Gabriel Malor at 01:22 PM

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