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Index of Aggregate Work Hours per Person Index, 2007=100 Monthly data available as of Feb-2016 Apr 2017 Large-employer determination fully enforced Stimulus finally ends Source: blogsupplyanddemand.com The Employer Mandate


  1. Index of Aggregate Work Hours per Person Index, 2007=100 Monthly data available as of Feb-2016 Apr 2017 Large-employer determination fully enforced “Stimulus” finally ends Source: blogsupplyanddemand.com

  2. The Employer Mandate • Beginning in 2015, employers are designated as small or large based on 50 full-time-equivalent (FTE) employees – Each part-time worker is a partial FTE in proportion to his monthly hours worked – Large designation creates a mandate for the subsequent year • Offer compliant and “affordable” coverage or pay a monetary penalty • Penalty applies only to full-time employees, only during the months that they are on the payroll • Indexed to health insurance costs • Unlike salaries, penalties are not deductible from business taxes. Salary equivalent of $2k penalty is about $3k.

  3. Table 1. The salary equivalent of the 2017 employer penalty Scenario: Expense items Penalty imposed Salary raised 2017 ACA penalty 2,265 0 Salaries 0 3,449 Payroll tax 0 264 7.65% rate Business income taxes 0 -1,448 39% rate Net result for employer expenses including taxes: $2,265 $2,265 At the threshold, one more hire costs 20 penalties: $68,980 annually, plus salary and benefits. Source Side Effects: The Economic Consequences of the Health Reform . acasideeffects.com

  4. Figure 1. The employer penalty's hour-equivalent distribution .3 minimum wage workers average .2 Density .1 0 0 2 4 6 8 10 Hours per week

  5. Measurement challenges • Evaders do not want to be measured – Confidential sample of people at corps, rather than corps. • How to know when a regulation is binding? – Literature solution: look at France! Or tax payments. Or both. – Measure size and compliance together • The enforcement probability function is often unpublished • Even bright-line thresholds apply to size measures that are not readily available – Get good (enough) measures of size; a bit of econometrics.

  6. Source: French data via Garicano et al.

  7. Source: Garicano et al. Year is 2003.

  8. Figure 1. Share of private-sector MEPSnetIC firms sized 25-99 0.51 with fewer than 50 employees (FT and PT counted equally) First year of large-employer determination without transition relief applicable in the 0.50 subsequent (i.e., coverage) year In theory, this masks a number of small employers (< 50 FTEs) with more than 50 0.49 employees 0.48 0.47 2008 2009 2010 2011 2012 2013 2014 2015 2016

  9. MEPS suggests that most 49ers have less than 49 FTEs

  10. Hanover survey subscription • One year of unlimited surveys = $45k – Only one survey at a time • Variable cost per respondent – Related to the respondent value of time – E.g., business managers cost more than generic household – Mercatus paid $19k for 745 respondents • i.e., our respondents got about $100 per hour – Survey took 10-15 minutes – Reward system (e.g., sporting tickets, hotel, airline tickets) • Other purchase plans would also be about $40k

  11. Non-ESI firms stay below 50 March 2017 national sample of 745 employers with 2-199 FT employees ESI firms do not About 38,000 Non-ESI firms “move”

  12. Non-ESI firms stay below 50 ESI firms do not Num. obs. in green 20 49 Avg. of the 81 12

  13. Growth in the number of businesses, by size from 2013-14 to 2015-16 1000 or more employees 100-999 employees 50-99 employees 25-49 employees 10-24 employees Less than 10 employees 0% 1% 2% 3% 4% 5% 6%

  14. Duggan, Goda, Jackson • Their regression table shows that the ACA reduced the labor force by 349,190 on average 2014-15 • Their regional-comparisons study is not designed to measure labor market effects of the employer mandate – The employer mandate is federal – The prevalence of 49ers is similar in Medicaid expansion states as in the other states • Their regional comparisons do not measure labor market effects on near-elderly people • Need to add these effects to their 349,190

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